Item R4BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Januga 16, 2013 Division: Growth Management
Bulk Item: Yes No X Department: Planning & Environmental Resources
Staff Contact Person/Phone #: Christine Hurley — 289-2500
AGENDA ITEM WORDING:
The first of two required public hearings to consider an Ordinance to establish Section 130-131 of the Monroe County
Code to establish a new overlay district, and associated regulations in the Land Development Code, the Rockland Key
Commercial Retail Center Overlay District.
ITEM BACKGROUND:
A private applicant is proposing the amendment. Originally, the applicant proposed amending the Land Development
Code to allow commercial retail use on tier 3 parcels within. the Lower Keys ROOO subarea's Industrial (I) land use
districts. Staff and the Planning Commission recommended denial of the originally proposed amendment and the
applicant chose to not proceed to the BOCC. Instead, the applicant revised proposed a new amendment to establish a new
overlay district, the Rockland Key Commercial Retail Center Overlay District, and the regulations would be set forth in a
new section, MCC Section 130-131. Through a separate map amendment process, the overlay district would be defined
on the Official Land Use District Map, which will be heard at a public hearing on March 20, 2013. Affected properties
would maintain their underlying existing land use (zoning) district designations. As proposed, the overlay district would
be available for property owners on Rockland Key, which, at this time, is predominately within an Industrial (I) land use
district.
An overlay district is an area where certain additional or different requirements are superimposed upon an underlying land
use (zoning) district. Requirements of, and regulations related to, the base or underlying district may or may not be
altered. The purpose of the proposed overlay district is to address special land use circumstances of Rockland Key and
the Lower Keys related to the commercial retail needs of the community.
The revised text amendment application was reviewed by the DRC on November 13, 2012. At the meeting, staff and the
committee suggested several revisions to the initial draft submitted with the application. During a regularly scheduled
meeting held on November 28, 2012, the Planning Commission reviewed the subject request and recommended approval
to the BOCC with revisions. Since November 28, 2012, staff has also received further revisions.
The applicant accepted some, but not all, of the recommended revisions in a draft received December 5, 2012. The
following table, in addition to the Ordinance, reflects the applicant's most recent proposed language, as well as staff and
the planning commission's recommendations (which vary in some areas):
Areas of Difference:
Section -Issue
A_ _pplicant
Staff Plannin Commission
(d)(1) — Placement/content
No longer allow residential
No longer allow residential and heavy industrial use upon
of language pertaining to
and heavy industrial use
issuance of a building permit for commercial use. Within
uses that are permitted in
upon issuance of a permit
independent section of table and addresses legal
the Industrial (I) district, but
for commercial use. Within
nonconformities.
not permitted in the Overlay
major conditional use
district
permit section of table and
does not include language
about legal nonconformities
(d)(4) —Maximum size of a
240,000 sq. ft.
125,000 sq. ft.
140,000 sq. ft.
building
(d)(4) —Maximum amount
140,000 sq. ft.
n/a
n/a
of floor area per tenant
(d)(4) —Maximum amount
400,000 sq. ft.
300,000 sq. ft.
400,000 sq. ft. same as
of floor area in Overlay
applicant)
district
(d)(5) —Public
Provide an area on site,
Donate land area and
Provide an area on site,
improvements
equal to 5% of the
construct a bus stop bike
equal to 5% of the
commercial retail facilities
lanes and up to 12,500 sq.
commercial retail facilities
FAR
ft. building/space for public
FAR (similar to applicant)
use, dependent on the
amount of commercial
retail development
com leted
(d)(7) —Timing of required
Initiate during major
Initiate during either minor or major conditional use
US 1 improvements
conditional use permit
permit process and complete by issuance of building
process and complete by
permit (see MCC Section 114-1 and 114-2)
close of building permit
CO/CC
(d)(8) —Sound attenuation
n/a
Not allow public improvements other than those related to
language as requested by
transportation in 75 DNL area
the NAS-KW at the
planning commission public
hearing
(d)(9) —Prohibition of use
n/a
Not allow use in NA portions of Overlay district
in areas designated Native
Area A
PREVIOUS RELEVANT BOLO ACTION:
n/a
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATIONS:
Staff recommends approval with revisions as presented in the staff report and ordinance.
TOTAL COST: INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing I Risk Management
DOCUMENTATION:
Included Not Required
DISPOSITION: AGENDA ITEM #
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. - 2013
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS ESTABLISHING MONROE
COUNTY CODE SECTION 130-131, ROCKLAND KEY
COMMERCIAL RETAIL CENTER OVERLAY DISTRICT; TO
CREATE AN OVERLAY DISTRICT ON ROCKLAND KEY THAT
ALLOWS COMMERCIAL RETAIL DEVELOPMENT; TO
ESTABLISH MAXIMUM FLOOR AREA RATIOS FOR SUCH
COMMERCIAL RETAIL DEVELOPMENT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
STATE LAND PLANNING AGENCY AND THE SECRETARY OF
STATE; PROVIDING FOR CODIFICATION; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, a private applicant, represented by Trepanier & Associates, Inc., is proposing
amendments to the text of the Monroe County Code. The amendment would establish a new
overlay district in the Land Development Code: the Rockland Key Commercial Retail Center
Overlay District; and
WHEREAS, the land development regulations associated with the overlay district would be set
forth in a new section of the Monroe County Code, Section 13 0-131; and
WHEREAS, an overlay district is an area where certain additional requirements are
superimposed upon an underlying land use (zoning) district; and
WHEREAS, the purpose of the proposed overlay district is to address special land use
circumstances of Rockland Key and the Lower Keys related to the commercial retail needs of the
community; and
WHEREAS, through a separate map amendment process, the boundaries of the overlay district
would be defined on the Official Monroe County Land Use District Map and the affected
properties would maintain their underlying existing land use (zoning) district designations; and
WHEREAS, during a scheduled meeting held on November 13, 2012, the Monroe County
Development Review Committee reviewed the ordinance and the Chair recommended denial to
Page 1 of 10
the Board of County Commissioners unless revisions are carried out as discussed at the
Development Review Committee meeting; and
WHEREAS, during a regularly scheduled public hearing held on November 28, 2012, the
Monroe County Planning Commission reviewed the ordinance and recommended approval to the
Board of County Commissioners; with modifications presented in Planning Commission
Resolution No. P47-12; and
WHEREAS, the applicant made some, but not all of the revisions requested by Planning &
Environmental Resources Department staff, the Development Review Committee and the
Planning Commission following the November 28, 2012 public hearing.
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS:
Section 1. New section 130-131 is to be added to the Monroe County Code. The proposed
text whether presented by the applicant, staff or the Planning Commission is new and
existing text shall not be affected. Areas of disagreement between the applicant, staff and/or
the planning commission are identified within shaded text boxes. In addition, within those text
boxes, text proposed by the applicant is _declined ' n dashes een text box , text recommended
by Growth Management Division staff is derlined JpgMle text box , and text recommended by
the planning commission is UQublc underlined
Section 130-131. Rockland Key Commercial Retail Center Overlay District
(a) Purpose and Intent. The purposes of the Rockland Key Commercial Retail Center
Overlay District is to implement applicable goals, objectives, and policies of the
comprehensive plan and to allow larger -scale commercial retail development in a non -
environmentally sensitive area of the Lower Keys that primarily serves the needs of
permanent residents of the Lower Keys. The intent is to protect and maintain the
character of the residential areas in the Lower Keys by allowing larger -scale commercial
retail development within the overlay district, a scarified area that has historically been
developed with nonresidential uses.
(b) Boundary. The Rockland Key Commercial Retail Center Overlay District is illustrated in
Section 130-131, Figure 1 and on the Official Land Use District Map:
Link to Section 130-131, Figure 1.
(c) Environmental Protections. Prior to the construction of any commercial retail
development within the overlay district, in addition to the protections afforded in the
comprehensive plan and this Land Development Code, all mangrove wetlands and
associated transitional /upland buffer areas will be restored and preserved in accordance
Page 2 of 10
with established permit conditions. On -site wetland preservation and enhancement will
include the following:
(1) Identified mangrove wetlands and associated transitional / upland buffer areas located
on the property will be placed under a perpetual conservation easement to be recorded
in the Public Records of Monroe County. The conservation areas within the
conservation easement may in no way be altered from their permitted state (excluding
restoration activities). Activities prohibited within the conservation areas include, but
are not limited to:
(a) Construction or placing of buildings, roads, signs, and/or other similar
infrastructure on or above the ground;
(b) Dumping or placing soil or material as landfill or dumping or placing of trash,
waste, or unsightly or offensive materials;
(c) Removal or destruction of trees, shrubs, or other vegetation, excluding vegetation
classified as invasive exotic;
(d) Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other
material substances in such manner as to affect the surface;
(e) Surface use except for purposes that permit the land or water area to remain
predominantly in its natural condition;
(f) Activities or development detrimental to drainage, flood control, water
conservation, erosion control, soil conservation, or fish and wildlife habitat
preservation, including but not limited to ditching, diking or fencing;
(g) Activities or development detrimental to such retention of land or water areas;
(h) Activities or development detrimental to the preservation of the structural
integrity or physical appearance of sites or properties of historical, architectural,
archaeological, or cultural significance; and
(i) Any land use not related to preserving the natural state of the conservation area.
(2) A wetland restoration and preservation component that involves removal of fill
material from wetlands, planting of the transitional buffer area with 100% native
vegetation, removal of all invasive exotic vegetation, and fencing and signage at the
limits of the Conservation Easement will be implemented in conformance with South
Florida Water Management District ("SFWMD") permit requirements.
(3) Afully-compliant SFWMD-approved stormwater management system that prevents
adverse impacts to the on -site wetland restoration and preservation/conservation area
shall be implemented as part of any re -development process.
(d) Within the boundaries of the overlay district, the permitted uses in subsection (1) shall be
enforced, in lieu of section 13 0-82, Industrial district, and the maximum nonresidential
land use intensities in subsection (2) shall be enforced, in lieu of section 13 0-164,
Maximum Nonresidential Land Use Intensities and District Open Space.
Page 3 of 10
(1) Permitted Uses.
Rockland Key Commercial Retail Center Overlay District
Permitted Uses
I The following uses are permitted as of right in the overlay district: I
(1)
Restaurants of 5,000 square feet or less of floor area;
(2)
Office uses of 5,000 _square feet or less of floor area;
3
Commercial fishin ;
(4)
Institutional uses;
___(5
Light industrial uses;
(6)
Public buildings and uses;
7
Accessoryuses,
(8)
Replacement of an existing antenna -supporting structure pursuant to
section 145-5 2 ;
(9)
Collocations on existing antenna -supporting structures, pursuant to section
146 -5 L3 ;
(10)
Attached wireless communications facilities, as accessory uses, pursuant to
section 145-5 4 ;
(11)
Stealth wireless communications facilities, as accessory uses, pursuant to
section 145-5 5 ; and
12
Satellite earth stations, as accessory uses, pursuant to section 145-5(5).
The following uses are permitted as minor conditional uses in the overlay district,
subject to the standards and procedures set forth in chapter 110, article III:
(1)
Commercial retail uses of 10,000 square feet or less;
(2)
Restaurants of 5,001 to 20,000 square feet of floor area;
__(3
Office uses of 5,001 to 20,000 square feet of floor area; and
(4)
New antenna -supporting structures, pursuant to section 145-5(1).
The following uses are_p rmitted as major conditional uses in the o�erlav district,
Applicant - --- -- - ---- ----- -- -
sub�,ect to the standards and-7 - - - - - - - - - - - - - - - - - rocedures set forth in chapter- - - 11- -0iarticle - -III. _I_n addition,
upon issuance of a ermit for commercial use on an individual arcel hea industrial
p------------------------------p----L----------
and residential use of that parcel shall no lon-------------- ger be permitted.- - - -
Staff (same The following uses are permitted as major conditional uses in the overlay district
as PC) subject to the standards and procedures set forth in chapter 110 article III•
PC (same e following uses are permitted as maior --conditional uses in the oval&-distrid.
as Staff whiggt to the standards end nrocedtres sct forth in chanter 110. article III:
1 (1) 1 Commercial retail uses of 10,001 square feet or greater.
Applicant I [no text propose41
As set forth in section B M2 hem industrial uses and commercial a artments are
Staff(same as PC) permitted uses , in the Industrial district; however., these uses are, not permitted within
the boundga of the overlay district. All existing. lawfully established heM industrial
uses and commercial a artrnents within the boundary of the overlay district shall be
Page 4 of 10
PC (same
as Staff)
considered nonconforming uses upon adoption of the boundM and mgy continue in
accordance with section 102-56; however, supersedingg r�regulations set forth in
section 102-56 to the conkW. Won issuance of a building permit for commercial retail
use on a parcel,_m _ heavy industrial use or commercial apartment on that parcel shall
be terminated.
As set forth in section 130-82,..,U lustrial uses and commercial a artmcnts arc
cd-uses 'in the Industrial dist&A. How -eym-these uses -are not permitW- within
flit,boundaa of the overl4adi9da. All existina. lawfully cstablishcd h&M industrial
uses and commer a Lwartments within -the boundanLof the overlay district shalLbg
considered nonconforming uses upon adoution of the boundary and may continue in,
accordance -with stclion- 102-56, However. swerseding any regulations set forth in
section 102-5 6 to the coDft0a,,-1 3suance of a building permit for commercial rdail
use- on a j2arol, any hem industrial use or cQmmercial atmiment on that iu=el shall
be terminated.
(2) Maximum Nonresidential Land Use Intensities and District Open Space. For the
purposes of this overlay district, uses with corresponding density/ intensity thresholds
shall be cumulative and utilize the floor area ratios as follows:
Rockland Key Commercial Retail Center Overlay District
Maximum Nonresidential Land Use Intensities and District Open Space
Land Use
Maximum Floor
Area Ratio
O.S.R.
Light Industrial
0.40
0.20
Public
0.40
0.20
Office
0.40
0.20
Institutional
0.40
0.20
Commercial Retail
Low Intensity
0.45
0.20
Medium Intensity
0.40
0.20
High Intensity
0.35
0.20
Commercial Fishing
0.40
0.20
(3) Maximum floor area adjacent to U.S. 1. No building or structure shall exceed a
maximum floor area of 50,000 square feet within 600 feet of the edge of the U.S. 1
right of way.
Page 5 of 10
Applicant
Staff
PC
Applicant
Staff
4) Maximum Oftfloor area. Nc individual retail tenant space shall exceed 140sQ00 square
feet.- No individual building _shall exceed 240� �b square feet _ The cumulative total
of all floor area within the overla district shall not exceed a maximum of 400,.000
square feet_
ffi Maximum_ floor_ area. No individual_ building shall exceed125,000 square feet of floor
area. The cumulative total of all floor area within the overlay district shall not exceed
a maximum floor area of, 300,000 square feet.
W Max- -- a- - - w. No-indi'vidmIluildina shall -exceed 140,000 suare &d of floor
=a. Ihc cumulative total.of all floor area-vAthin-the ovahu district shall not exceed
I maxim, floor area of400.00Q_squ..-.r fee
5 Required pu tic improvementts._ _ The development of commercial retail _facilities
greater than 10_„_000 square feetaermitted under this overlay districts shall be required
de an area on sites equal to 5 % of the commercial retail facilities' FAR for
public/ community facilities such as, but not limited to bike aths�_ a multi -model
-- - ----- ---- - ---------------------.0 -- ----------
transit _ stop,_ community meeting- rooms _ sheriff's_ substation, _satellite _ library,
community banks animal clinic,medical clinic, _fitness centers etc.
(5) Re uired public iMprovements. Development includina commercial retail use as
permitted within this overlay district shall be re uired to dedicate land area on -site
and/or construct and dedicate a Dublic buildin or dedicate area within a commercial
retail buildin for public and/or not -for profit institutional uses that serve the
surrounding residential areas such as but not limited to bicycle paths within the site
and connected to the scenic highwa along the U S Hi hwa 1 corridor • a covered bus
sto • communi meeting rooms • a communi1y center with multi -use breakout rooms
and a kitchen-, and/or a libr . The jyj2e of public iMrovements and activities shall
be determined -by the Cognty durm' the development review and avproval process.
Within the overla district the land area dedication and the provision of
ublic/co iunily facilities shall be provided commensurate with the permitted
develo ment and prior the issuance a certificate of occu anc for the private
development as follows:
As art of any conditional use permit, approval of the gpl2fication shall be contingent on
the developer constructing and installing bicycle paths that provide internal access to all
areas open to the general ublic and if needed at the time of such application, a covered
bus stopm.
As part of My development application involvinz commercial retail use de endent on the
cumulative total of nonresidential floor area approval of the application shall be
contingent on the developer dedicating and constructing ublic and/or not -for rofit
institutional improvements as follows:
Commercial
retail figor
area square
LOO
within the
overlak
Required
land acreaze
Required square f e of
Tyj2e af
FaciliU
I
Maximum
cost ofpubl is
building to be. constructed
to be
dedicated to
for public I not-Lor-,profit
I no
profit
institutional
I improvements
institutional use
Co un *
I I
Page 6 of 10
PC
district
25,000 or
NIA
NIA
NIA
NIA
less
Z5,�01 to
NIA
5% of square
1,251 square
CO
$375,000
footage of
50.000
feet to 2,500
meeting rooms
total square
square feet
footage of
buildins
5 0,001 to
5% of square
5% of square
2,50.1. square
Comm uni
75 0 000
footage of
footage of
100,000
feet to 5,000
Center with
total square
total square
square feet
multi -use
footage of
foots e_of
breakout
buildings
buildings
rooms and a
kitchen
100,001 to
5% of square
5% of square
5,001 square
Library or
$1,875,000
footage of
250,000
footage of
feet to 1
other use to be
total square
total square
square feet
determined b
the Co
footage of
footage of
buildings
buildings
during review
of application
250,001 or
5% of square
5% of square
12,500
Library or
$1,875,000
more
footage of
footage_ of
square feet
other use to be
determined by
total square
total s ogre
the County at
footage of
footage of
buildinas
build 111 s
during review
lof
application
*If developer chooses to construct square footage within a lamer multi -unit building and
dedicate square footage to the County as a condominium unit, no land dedication will be
required.
Note: The construction costs shall be borne by the developer and no certificates of
occupancy shall be issued for any commercial retail square footage prior to the
com letion and issuance of a certificate s of occu anc Icom leteness for the re uired
public improvements/facilities.
4)1
11
Ills:
All
(6) Tragic Impact Statement. Prior to any development approval including a minor or
major conditional use, a Traffic Impact Statement shall be required regardless of
traffic generated by development.
Page 7 of 10
Applicant
Staff (same
as PC)
PC (same
as Staff)
[Applicant
Staff (same
as PC)
PC (same
as Staff
Applicant
Staff (same
as PC)
PC (same
as Staff)
(7) &c�uired lIS _ 1 _ improvements _ _ Notwithstandin, other_ provisions -of _the land
Development bode-_ if,, during AIL Major_ Conditional Use Permit approval process
and after the _Traffic Impact Statement is complete,_„ based_ on FDDT standards,
im,.provements teUS 1_arewarranted. the developer is responsible for the funding of
Aesjp-u.p&- permitting,_ installing _ and_ construction of the_ required_ improvements
related to the_proposed dev_eiopment_
7 Re uired US I irn rovements. Notwithstanding other provisions of the Land
Development Code if during the conditional use permit avproval process and after
the Traffic !=act Statement is complete, based on FDDT standards improvements
to US 1 are warranted the develo er is responsible for the fundin of designing.,
permiqLng,installin and constructing the required im rovements related to the
proposed development prior to the .issuance of a building permit ;(7) Reauired US 1 impravements, -Notwithstmdiniz QtUir mo 0 - 0 - -;--of the Land
Develonment Code. I during the conditimal use vermit a=y"rocess and after
the Traffic -Imioact Statement is cQmnldt. based on FDQI standards, imDmy=ents
to US I are warranted, the devel opa *nsible for the fandi=-of des
Wag. installing and constructing the r d imm=ents related to. the.
vrovosed develament i2dox-to the issuanc!a. Qf a buiWina L
L8) Sound Attenuation_ _Habitable structures, permitted under this overlay district. shall
meet noise _reduction levels for_ high _noise zones_ Measures to_ achieve a noise
7 ---------------------
reduction level _ of 3 0dB must be incoMorated into design_ and construction _of the
-------------------
habitable structures. This shall be the minimum sound attenuation standard.
(8) Sound Attenuation. Habitable_ structures permitted under this., overlay district, shall
meet noise reduction levels for high noise zones. Measures to achieve a noise
reduction level of 30dB must be incorporated into design .,_and construction of. the
habitable structures. This shall be the minimum sound attenuation standard. Public
im rovements re uired in subsection d 5 shall not be located in the most current 75
DNL area -excluding onlv improvements related to transportation.
(8) Sound Attenuation, Habitable sba==s, iDermittW under this overlay distdrI, S11311
m=,t noise -reduction luds for high - - r - * se zonta, Measures, - tQ achieve a 0
reduction level of -3-OdB must be imomorated-, into design and construction of the
habitable -struams, This- shall be thi- 0 * mum sound attenuation stmdard,-- PWAic
imanvemmts neuuircd in subsiactioa.(.d)(2 shall not be located in the- most current-75
DNL area, cxcludiniz onh * - - -- oymcnts relattd to transvortation.
XcLte-�Xt- C�fl
(9) Areas designated Native Area (NA). The permitted usesprovided in subsection (d)(11
shall not be permitted in any area designated as Native Area (NA) on the Land Use
District Man.
(2) Areas designated Native Area (NA). The permitted uses provided in subsection (d)fl l
all not be permitted in any area designated asNative Area CSA) on he Land Use
District Man.
Page 8 of 10
Section 2. Severability.
If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be
adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect,
impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be
confined to the section, paragraph, subdivision, clause, sentence, or provision immediately
involved in the controversy in which such judgment or decree shall be rendered.
Section 3. Conflicting Provisions.
In the case of direct conflict between any provision of this ordinance and a portion or provision
of any appropriate federal, state, or County law, rule code or regulation, the more restrictive shall
apply.
Section 4. Transmittal.
This ordinance shall be transmitted to the Florida State Land Planning Agency as required by F.S.
380.05 (11) and F.S. 3 80.05 52(9).
Section 5. Filing.
This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not
become effective until a notice is issued by the Florida State Land Planning Agency or
Administration Commission approving the ordinance.
Section 6. Inclusion in the Monroe County Code.
The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances
of the County of Monroe, Florida, as an addition to amendment thereto, and shall be
appropriately renumbered to conform to the uniform marking system of the Code.
Section 7. Effective Date.
This ordinance shall become effective as provided by law and stated above. This ordinance
applies to any applicable application submitted after the effective date.
(The remainder of this page left intentionally blank.)
Page 9 of 10
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the day of 12013.
Mayor George Neugent
Mayor Pro Tem Heather Carruthers
Commissioner Danny Kolhage
Commissioner Sylvia Murphy
Commissioner David Rice
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Attest: Amy Heavilin, Clerk
VA
By
Deputy Clerk Mayor George Neugent
ONROE COUNTY ATTORNEY
PROVED A O FORM:
STEVEN T. WILLIAMS
Dat�18TANT2C.0UNTY ATTORNEY
Page 10 of 10
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To: Monroe County Board of County Commissioners
Through: Christine Hurley, AICP, Director of growth Management
Townsley Schwab, Senior Director of Planning & Environmental Resources
From: Joseph Haberman, AICP, Planning & Development Review Manager
Date: December 275 2012
Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ESTABLISHING MONROE COUNTY CODE SECTION 13 0-
131, ROCKLAND KEY COMMERCIAL RETAIL CENTER O VERLA Y DISTRICT;
TO CREATE AN OVERLAY DISTRICT ON R OCKLAND KEY THAT ALLOWS
COMMERCIAL RETAIL DEVELOPMENT; TO ESTABLISH MAXIMUM FLOOR
AREA RATIOS FOR SUCH COMMERCIAL RETAIL DEVELOPMENT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS; PROVIDING FOR TRANSM17 TAL TO THE
STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE,
PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
Meeting: January 16, 2013
2 I REQUEST
3
4 A private applicant, represented by Trepanier &Associates, Inc., is proposing amendments to the
5 text of the Monroe County Code (MCC). The amendment would establish a new overlay district
6 in the Land Development Code: the Rockland Key Commercial Retail Center Overlay District.
7 The regulations associated with the overlay district would be set forth in a new section, MCC
8 §130-131.
9
10 Through a separate map amendment process, this overlay district would be defined on the
11 Official Land Use District Map. Affected properties would maintain their underlying existing
12 land use (zoning) district designations.
13
14 As proposed, the overlay district would be available for property owners on Rockland Key,
15 which, at this time, is predominately within an Industrial (I) land use district.
16
17 An overlay district is an area where certain additional requirements are superimposed upon an
18 underlying land use (zoning) district. Requirements of, and regulations related to, the base or
19 underlying district may or may not be altered. The purpose of the proposed overlay district is to
20 address special land use circumstances of Rockland Key and the Lower Keys related to the
21 commercial retail needs of the community.
Page 1 of 19 (File #2011-094)
2 Following the review by the Development Review Committee (DRC), the applicant incorporated
3 several of the DRO's suggestions and provided a revised amendment on November 19, 2012.
4 Although similar in the context of allowing commercial retail in the area, the revised amendment
5 was substantially different than the version initially provided to the Planning Commission on
6 November 16, 2012.
7
8 Following the review by the Planning Commission, the applicant incorporated several of the
9 Planning Commission's requested changes and provided a revised amendment on December 5,
10 2012. However, the revised amendment did not incorporate all of the Planning Commission's
11 requested modifications. The most recent amendment, as prepared by the applicant, is provided
12 in Attachment A.
13
14 Note: Staff agreed to process a separate text amendment to revise the regulations related to the
15 Nonresidential Rate of growth Ordinance (NROGO). As of the date of this staff report, the
16 NROGO ordinance had been reviewed by the DRC and was scheduled for review by the
17 Planning Commission on January 3 0, 2013.
18
19 II RELEVANT PRIOR COUNTY ACTIONS:
20
21 Concerning the Industrial (I) land use district, the regulations related to the permitted uses of the
22 district were initially codified into the MCC in 1986 (Ordinance #033-1986, with a revision by
23 Ordinance #021-1989). The MCC section - § 130-82 (formerly §9.5-249) - has been amended
24 several times since 1986 (Ordinances #028-1999, #047-2000, #027-2001, #033-2001, #003-2002
25 and #03 7-2006). The regulations related to the permitted land use intensities of the district were
26 initially codified into the MCC in 1986 (Ordinance #03 3-1986). The MCC section - §130-164
27 (formerly §9.5-262) - has been amended since 1986 (Ordinances #026-1995 and #041-2003).
28
29 The applicant originally proposed amendments to MCC §130-82, §130-164 and §138-50. The
30 originally proposed amendments affected the Industrial (I) land use district by allowing an
31 additional land use, commercial retail (however, as drafted, the amendment would have affected
32 only properties within the Lower Keys ROGO Subarea with Industrial future land use and tier 3
33 designations). In addition, the amendment included related modifications to land use intensities
34 and exceptions to the Nonresidential Rate of Growth Ordinance (NROGO) regulations. Staff did
35 not support this requested amendment and recommended denial.
36
37 During a regularly scheduled meeting held on March 27, 2012, the DRC conducted a review and
38 consideration of the original request and the planning director signed Resolution #DRC 0 8-12 on
39 April 3, 2012, recommending denial to the BOCC.
40
41 During a regularly scheduled public meeting held on May 30, 2012, the Planning Commission
42 conducted a review and consideration of the original request and planning commission chair
43 signed Resolution #P23 -12 on June 27, 2012, recommending denial to the BOCC.
44
Page 2 of 19 (File #2411-094)
1 Following the recommendations of denial, the applicant opted to revise the application to
2 establish a new overlay district rather than continue with having the originally proposed
3 amendments heard and decided upon by the BOCC.
4
5 In addition, the applicant submitted an additional request for a map amendment to establish the
6 boundaries of the proposed overlay district. The map amendment application (Planning
7 Department File #2012-142) is being reviewed concurrently with this text amendment
8 application.
9
10 The revised text amendment application was reviewed by the DRC on November 13, 2012. At
11 the meeting, staff and the committee suggested several revisions to the initial draft submitted
12 with the application.
13
14 During a regularly scheduled meeting held on November 28, 2012, the Planning Commission
15 reviewed the subject request and recommended approval to the BOCC with revisions.
16
17 III PROPOSAL
18
19 The applicant is recommending the establishment of a new section, MCC §130-131. At this
20 time, the applicant is only proposing new language within the MCC. The applicant is not
21 proposing that any existing language be deleted or amended. An unmodified version of the
22 applicant's proposal is provided in Attachment A.
23
24 The proposed text whether presented by the applicant, staff or the Planning Commission is
25 new and existing text shall not be affected. Areas of disagreement between the applicant, staff
26 and/or the planning commission are identified within shaded text boxes. In addition, within
27 those text boxes, text proposed by the applicant is _ derliined in dashes (Mmtext]
bo, text
28 recommended by Growth Management Division staff is derlined(p=le text box , and text
29 recommended by the planning commission is kubk underli ned (blue text bQxi
30
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Note: This is staff s current recommendation. As additional information becomes available and
public comment is provided, staff reserves the right to request additional revisions.
Section 130-131, Rockland Key Commercial Retail Center overlay District
(a) Purpose and Intent. The purposes of the Rockland Key Commercial Retail Center Overlay
District is to implement applicable goals, objectives, and policies of the comprehensive plan
and to allow larger -scale commercial retail development in a non -environmentally sensitive
area of the Lower Keys that primarily serves the needs of permanent residents of the Lower
Keys. The intent is to protect and maintain the character of the residential areas in the Lower
Keys by allowing larger -scale commercial retail development within the overlay district, a
scarified area that has historically been developed with nonresidential uses.
Page 3 of 19 (File #2011-094)
1 (b) Boundary. The Rockland Ivey Commercial Retail Center Overlay District is illustrated in
2 Section 130-131, Figure 1 and on the Official Land Use District Map:
3
4 Link to Section 130-131, Figure 1.
5
6 (c) Environmental Protections. Prior to the construction of any commercial retail development
7 within the overlay district, in addition to the protections afforded in the comprehensive plan
8 and this Land Development Code, all mangrove wetlands and associated transitional. / upland
9 buffer areas will be restored and preserved in accordance with established permit conditions.
10 On -site wetland preservation and enhancement will include the following:
11
12 (1) Identified mangrove wetlands and associated transitional / upland buffer areas located on
13 the property will be placed under a perpetual conservation easement to be recorded in the
14 Public Records of Monroe County. The conservation areas within the conservation
15 easement may in no way be altered from their permitted state (excluding restoration
16 activities). Activities prohibited within the conservation areas include, but are not limited
17 to:
18 (a) Construction or placing of buildings, roads, signs, and/or other similar infrastructure
19 on or above the ground;
20 (b) Dumping or placing soil or material as landfill or dumping or placing of trash, waste,
21 or unsightly or offensive materials;
22 (c) Removal or destruction of trees, shrubs, or other vegetation, excluding vegetation
23 classified as invasive exotic;
24 (d) Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material.
25 substances in such manner as to affect the surface;
26 (e) Surface use except for purposes that permit the land or water area to remain
27 predominantly in its natural condition;
28 (f) Activities or development detrimental to drainage, flood control, water conservation,
29 erosion control, soil conservation, or fish and wildlife habitat preservation, including
30 but not limited to ditching, diking or fencing;
31 (g) Activities or development detrimental to such retention of land or water areas;
32 (h) Activities or development detrimental to the preservation of the structural integrity or
33 physical appearance of sites or properties of historical, architectural, archaeological,
34 or cultural significance; and
35 (i) Any land use not related to preserving the natural state of the conservation area.
36
37 (2) A wetland restoration and preservation component that involves removal of fill material
38 from wetlands, planting of the transitional buffer area with 100% native vegetation,
39 removal of all invasive exotic vegetation, and fencing and signage at the limits of the
40 Conservation Easement will be implemented in conformance with South Florida water
41 Management District ("SFWMD") permit requirements.
42
43 (3) A fully -compliant SFWMD-approved stormwater management system that prevents
44 adverse impacts to the on -site wetland restoration and preservation/conservation area
45 shall be implemented as part of any re -development process.
46
Page 4 of 19 (File #2011-094)
I (d) Within the boundaries of the overlay district, the permitted uses in subsection (1) shall be
2 enforced, in lieu of section 13 0-82, Industrial district, and the maximum nonresidential land
3 use intensities in subsection (2) shall be enforced, in lieu of section 13 0-164, Maximum
4 Nonresidential Land Use Intensities and District Open Space.
5
6 (1) Permitted Uses.
7
Rockland Key Commercial Retail Center Overlay District
Permitted Uses
The following uses are permitted as of ri t in the overlay district:
(1)
Restaurants of 5,000 square feet or less of floor area;
(2)
Office uses of 5,000 square feet or less of floor area;
(3)
Commercial f shin ;
(4)
Institutional uses;
(5)
Light industrial uses;
(6)
Public buildings and uses;
(7)
AccessD uses;
(8)
Replacement of an existing antenna -supporting structure pursuant to
section 146-5 2 ;
(9)
Collocations on existing antenna. -supporting structures, pursuant to section
146-53;
(10)
Attached wireless communications facilities, as accessory uses, pursuant to
section 146-5 4 ;
(11)
Stealth wireless communications facilities, as accessory uses, pursuant to
section 146-5 5 ; and
(12)Satellite
earth stations, as accessory__uses, pursuant to section 146-5 .
The following uses are permitted as minor conditional uses in the overlay district,
subject to the standards and procedures set forth in chapter 110, article III:
(1)
Commercial retail uses of 10,000 square feet or less;
(2)
Restaurants of 5,001 to 20,000 square feet of floor area;
(3)
Office uses of 5,001 to 20,000 s ui a feet of floor area; and
(4) New antenna -supporting structures, ursuant to section 146-5 1 .
The following uses are�ermltted as mad or conditional uses in the overlay district
------
subject to the standards and rocedures set forth in cha ter 11 0Larticle III. In addition
----_--_ ----__ --_-�? -------------- _---�
upon issuance of a permit for commercial use on an individual parcel L b9,jvX industrial
- -
and residential use of that arcel shall no lon e- be erm_tted.
----------------------- 0 ---------------
The following uses are permitted as major conditional uses in the overlay district,
' ct,
subject to the standards and vrocedures set forth in chanter I 10. article III:
Ble folludna uses -are vermilWd riditional. =s-in.the ov§du district.
subi ect to the standards and i2raned=s set forth- in gh�Vter I I O..adicle IM
(1)
Commercial retail uses of 10,001 square feet or greater.
ftntemt ro osed
Page 5 of 19 (File #2011-094)
As set forth in section 130-82 heavy industrial uses and commercial a artments are
permitted uses. in the Industrial district,_ however, these uses are not permitted within
the boundary of the overlay district. All existing,,. lawfully established heavy industrial
uses and commercial apartments within the boundary of the overlay district shall be
considered nonconforming uses upon adoption of the boundary and may continue in
accordance with section 1 02-56; however, superseding any regulations set forth in
section 1 U2-56 to the contr u on issuance of a buildinp, Pennit for commercial retail
use on a parcel any heavy industrial use or commercial apartment on that parcel shall
be terminated.
As set hath in strtion 1-3-0-82, hem industrial uses and gommercial anagments -are,
vermitted i - - - 0 - the Indusidal district.- However. Auuse uses are not P=itted md1hin
the-bo-undamof. the ovfflay distria. -All existing, lawffillyotablished-hcm induskial
uses md commerdal apar=.ugs- within the boundamof the oxalay distd�A% shall- be
. I%Ps us!.as UDQn akm* and may
accordance with section 102-56, Howeycr, su=rseding any rglgulalions set -ford
scction 102-56 to IN: cQntr um iceofabuild -rmit for commUcial re
use on a nar-cel. - any- I - - ndustrial use, Qr ommcrdal at)artm?jg on that narcel shall
be terminated.
1
2 (2) Maximum Nonresidential Land Use Intensities and District Open Space. For the purposes
3 of this overlay district, uses with corresponding density/ intensity thresholds shall be
4 cumulative and utilize the floor area ratios as follows:
5
Rockland Key Commercial Retail Center Overlay District
Maximum Nonresidential Land Use Intensities and District Open Space
Land Use
Maximum Floor
Area Ratio
O.S.R.
Light Industrial
0.40
0.20
Public
0.40
0.20
Office
0.40
0.20
Institutional
0.40
0.20
Commercial Retail
Low Intensity
0.45
0.20
Medium Intensity
0.40
0.20
High Intensity
0.35
0.20
Commercial Fishing
0.40
0.20
6
7 (3) Maximum floor area adjacent to U.S. 1. No building or structure shall exceed a
8 maximum floor area of 501,000 square feet within 600 feet of the edge of the U.S. 1 right
9 of way.
Page 6 of 19 (File #2011-094)
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(4) Maximum finur area. Noindividual retail tenant space shall exceed 1401Q00 square feet.
------------
No individual building shall exceed 240.. square feet. The cumulative total of all floor
-------------------------------
area within the overlayALs_Wq1LshalI not exceed a maximum of 400sQQ square feet_
---------------
(4) Maximum_floor area. No individual building shall exceed 125,000 square feet of floor
area. The, cumulative „total of all floor area within the overlay district shall not exceed a
maximum floor area of 300.000 square feet.
(4) Maximumfiaor ar -eed 140,000 sau
.-ea.-No individual buildinje shall exc feet of floor
area, The cumulative total Qf all floor area within the malay distric-t-shall-not exceed a
maximum floor area of 400.000 sauar-e-fe-et.
L5) &q 4Lre dp
u l is im roiy_q,q ts. _The development of commercial retail facilities greater
--------------
than 10.000 square feet _Rermitted under this overlay districts shall be required to Rayide
an area_ on site. _equal to 5% _ of the commercial retail facilities' FAR for public/
community facilities such as�_but not limited to bike paths, a multi -model transit sto��
community meeting room aheriff's substation- , satellite libraM communit, v banks animal
clinic. - medical clinic,, fitness center, etc
(5) Required public improvements. Development includinig commercial retail use., as
permitted within this overlay district shall be required to dedicate land area on -site
and/or construct and dedicate a public building(or dedicate area within a commercial
retail building) for , public and/or - not -for profit institutional uses that serve the
surrounding- residential areas., such as, but not limited to bicycle paths within the site and
connected to, the scenic highwayhiphKay along the US Highway 1 corridor; a covered bus stop
communi1y meeting rooms • a co iunily center with multi -use breakout rooms and a
kitchen, and/or a - library. The type of public improvements , and activities shall be
determined by the Coup , during the development review and approval process. Within
the overlay district the land area dedication and the rovision ofpublic/communLty
facilities _shall be provided commensurate with the permitted development. and prior the
issuance a certificate of occupancy for the private development as follows:
As part of any conditional use permit, approval of the application shall be contingent on the
developer constructing and installing_ bicycle paths that provide internal access to all areas
open to the general public and if needed at the time of such a lication a covered bus
As part of any development application involving commercial retail use, dependent on the
cumulative total of nonresidential floor area, approval of the application shall „be contingent
on the developer dedicating and constructing ublic and/or not-formfit institutional
improvements asfollows:
Commercial) Required
retail oor land acreage
area square to be
oota e dedicated to
within the Coun
overlay
district
Required square footage of
building to be constructed
,for public / not- for profit
institutional use
Type o Maximum
Facili cost ofpublic
/not- or-
ro tt
institutional
improvements
Page 7 of 19 (File #2011-094)
10
25,000 or less
NIA
NIA
NIA
NIA
25,001 to
NIA
5% of square
L251 square
Community
375 000
footage of
50,000
feet to.2,500
meeting
total square
square feet
rooms
footage of
buildings
50,001 to
5% of square
5% of square
2,501 square
Comm
$750.000
footage of
footage of
100 000
feet to S,000
Center with
total square
total square
square feet
multi -use
footage of
footage of
breakout
buildings
buildings
rooms and a
kitchen
1002001 to
5% of square
5% o of square
5,001 square
Library or
$1,875.000
footage of
250,000
footage of
feet to 12,500
other use to
square feet
total square
total square
be
footage of
footage of
determined
buildings
bulldings
by the
Coup
during review
of apulication
250,001 or
5% of square
5% of square
12,500 square
Library or
$1,875,000
more
footage of
footage of
feet
other use to
total square
total square
be
footage of
footage of
determined
buildings
buildings
by the
Countv at
durinp, review
icatlon
1pfapn
*If developer chooses to construct square _footage within a larger multi -unit building and
dedicate square footage to the Cog= as a condominium unit no land dedication will be
re uired.
Note: The construction costs shall be borne by the developer and no certificates of occupancy
shall be issued for MY commercial retail s uare foots a iDDnor to the com letion and issuance
of a certificate(s) of occupancy/completeness for the required public improvements/facilities.
fil WMWU!11il r� MI-1-o-i-IrTM-0 MifMil- I Iii;wic7liq il ILI'
K-'W-1q1!NWN*MqVAV,1 oil
(6) Traffic Impact Statement. Prior to any development approval including- a „minor or._ma or
conditional use, a Traffic Impact Statement shall be required regardless of traffic
generated by development.
Page 8 of 19 (Fite #2011-094)
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L7)Required US I _ improvements.- _ - Notwithstanding_ other _ provisions _ of the _Land
Developmentode,_ifi during the Major Conditional Use Permit approval process and
after the Traffic Impact Statement is complete. based on MOT standards. improvements
to_ US _ 1 _ are warranted, the_ developer- is responsible_ for the_ fundWa of deslgnina,
permitting installinZ- and construction of the_ required_ improvements _related to the
propased development_
(7) Required US I improvements. Notwithstanding other provisions of the Land
Development Code, if, --during the conditional use permit approval process and after, the
Traffic Impact Statement is complete, based on MOT standards, improvements to US 1
are warranted, the developer is responsible for the funding of designing, permitting,
installing and constructing the required improvements related to the proposed
development prior to the issuance of abuilding permit.
(7) Reauir-e-d U-S I immovements, -- -- - Notwithstandinp. other s of -Ahe Lmd
DevelQDmenLCod!=., if. -during be - conditional -use - - - 'I at)=yaI-nr=ss-and after dLt
Traffir, Imad Statement is- comnlct&, based Qn FDQI standards, imprpyemcnis to -_US -1
are warranted- -the--deydQ= is responsible for the fandina of . &SI* 9 iftina.
installing and constructing the re W d
develument. t)rior to the issuance of a building hermit,
L8) Sound Attenuation. Habitable structures. Dermitted under this overlay district, shall meet
noise reduction levels for high noise zones. Measures to achieve a noise reduction level
- - -- - --- - - - of 30dB must be incorporated into design_and construction of the habitable structures_
This shall be the minimum sound attenuation standard.
(8) Sound Attenuation. Habitable structures, permitted under this overlay district, shall. meet
noise reduction levels for high noise zones. Measures to achieve a noise reduction level
of 30dB must be incorporated into design and construction of the habitable structures.
This shall be the minimum sound attenuation standard. Public improvements required in
subsection (d)(5) shall not be located in the most current 75 DNL area, excluding only
improvements related to transportation,
(8) -So-und-Attenuation, Habitable struams, ja!�, itted-und-er this overlay distria-shall mcrA
noise reduction -levels for high noise.zones. Measures to achie.yea. noise reduction level
of- 30dB must be incomQrat-ed into -diaignand--co-nstruc-tion. -of --the --habitable sbmmuga,
Ihis shall be the =LaQund attenuatio
i n standard, Publip, Ymcnis reguired in
subsection fd)(5) shall not be located in the most current 75 DNL area. excludinL only
im2myements related to transportat'
IAQ--te-�k-t pnoppsmd
(9) Areas designated Native Area WA). The permitted uses provided in subsection
shall not be permitted in any area designated as Native Area,..a UA on the Land Use
District Map.
(21 Areas. �ksigzzated - X-ati-ye- Area tM). TIc- itted uses nrovided in suboction (d)(1)
shall not be ixh itted
Lma designated as Natiyc Ana (NA) Qn the -Land Usca
District Man.
Page 9 of 19 (File #2011-094)
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IV REVIEW
Critprirr
In order to be approved, a text amendment must be consistent with the provisions of MCC § 102-
158(d)(5)(b): 1. Changed projections (e.g., regarding public service needs) from those on which
the text or boundary was based; 2. Changed assumptions (e.g., regarding demographic trends); 3.
Data errors, including errors in mapping, vegetative types and natural features described in
volume I of the plan; 4. New issues; 5. Recognition of a need for additional detail or
comprehensiveness; or 6. Data. updates.
While MCC §102-158(d)(5)(b) provides criteria for text amendments, the County must also
ensure that proposed amendments further the objectives, policies, land uses, densities/intensities
and level of service standards in the comprehensive plan. Specifically, the "Community
Planning Act" requires the adoption or amendment of land development regulations that are
consistent with and implement the adopted comprehensive plan (see Sections 163.3167, F.S.,
163.3194, F.S., and 163.3202, F.S.).
Further, as a designated Area of Critical State Concern (ACSQ, pursuant to Sections 380.05 and
380.05521) F.S., the County's land development regulations must be consistent with Principles for
Guiding Development (PGD). The County must balance all the PGDs and ensure that land
development regulations are consistent with and implement the comprehensive plan.
Analysis:
The purpose of the proposed overlay district is to address special land use circumstances of
Rockland Key and the Lower Keys. As currently intended, it would only be available for
property owners on Rockland Key who have Industrial (I) land use district designations.
Note: There are areas designated as Native Area (NA)/Residential Conservation (RC) within the
boundaries of the proposed overlay. Although these areas may be incorporated into the
boundary overlay, the inclusion of language recommended by staff and the planning commission
would prohibit the development of such areas, other than with uses ordinarily permitted in the
underlying NA land use district.
Consistency of the proposed amendment with the provisions and intent of the Monroe County
Comprehensive Plan:
Staff has determined that the proposed text amendment is not inconsistent with the provisions
and intent of the Year 2010 Comprehensive Plan.
The applicant is not proposing an amendment to the FLUM designation of Industrial (I).
Policies from the 2010 Comprehensive Plan that directly pertain to the proposed amendment
include:
Page 10 of 19 (File #2011 -094)
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Policy 101. 4. 7: The principal purpose of the Industrial land use category is to provide for the
development of industrial, manufacturing, and warehouse and distribution uses. Other
commercial, public, residential, and commercial fishing -related uses are also allowed.
The applicant is proposing the addition of a single new use- commercial retail. Although
commercial retail uses not permitted in the Industrial (I) land use district per the Monroe
County Code, commercial retail uses may be allowed in the Industrial (I) FLUM category per
the Comprehensive Plan.
Policy 101.4.21: Monroe County hereby adopts the following density and intensity standards
for the future land use categories, which are shown on the Future Land Use Map and
described in Policies 101.4.1 - 101.4.17:
Future Land Use Densities and Intensities
Future Land Use Category
Allocated Density
Maximum Net
Maximum
And Corresponding Zoning
(per acre)
Density
Intensity
(per buildable
(floor area ratio)
acre
Industrial (I)
1 du
2 du
0.25-0.60
I and MI zoning)
0 rooms/s aces
N/A
All of the proposed land use intensities would be within the ranges provided in Policy
101.4.21 for the Industrial (I) FLUM category. Specifically, the applicant is proposing:
• The establishment of a FAR for commercial retail uses.
• The establishment of a FAR for institutional uses (note: institutional uses are permitted in
the Industrial (I) district; however for unknown reasons a FAR is not provided for such
uses).
• Removing a FAR for heavy industrial uses as the use would not be permitted in the
overlay district.
• Removing the specific FAR for restaurant uses as restaurants would be permitted as
commercial retail uses and subject to the newly established FAR's for commercial retail
uses.
• Removing the density for commercial apartments as the use would not be permitted in the
overlay district.
Land Use
Proposed Floor
Area Ratio for Overlay
Existing Floor Area
Ratios for Industrial (I)
Light Industrial
0.40
0.40
Heavy Industrial
N/A
0.25
Public
0.40
0.40
Page 11 of 19 (File #2011-094)
Restaurants
N/A
030
Office
0.40
0.40
Institutional
0.40
N/A
Commercial Retail
Low Intensity
0.45
N/A
Medium Intensity
0.40
N/A
High Intensity
0.35
N/A
Commercial Fishing
0.40
0.40
Land Use
Proposed Density for
Overlay
Existing Densityfor
Industrial (I)
Commercial Apartments
1 unit /acre
(2 units /buildable acre
for maximum net)
N/A
Consistency of the proposed amendment with the provisions and intent of the Monroe County
Code, Land Development Code:
The BOCC may consider the adoption of an ordinance enacting the proposed change based on
one or more of the following factors:
1. Changed projections (e.g., regarding public service needs) from those on which the text
or boundary was based:
The applicant has asserted that there are changed projections related to the public service
needs of residents of the Lower Keys.
2. Changed assumptions (e.g., regarding demographic trends):
Staff has not identified any changed assumptions that would necessitate the establishment
of the proposed overlay district.
3. Data errors, including errors in mapping, vegetative types and natural features described
in Volume 1 of the Year 2010 Comprehensive Plan:
Staff has not identified any data errors that would necessitate the establishment of the
proposed overlay district.
4. New issues:
The applicant has asserted that there are new issues related to the needs of residents of the
Lower Keys.
5. Recognition of a need for additional detail or comprehensiveness:
Page 12 of 19 (File #2011-094)
Staff has not identified any recognition of a need for additional detail or
comprehensiveness that would necessitate the establishment of the proposed overlay
district.
6. Data updates:
Staff has not identified any data updates that would necessitate the establishment of the
proposed overlay district.
Other Land Development Code requirements related to a site's land use district designation (i.e.
setbacks, bufferyards, etc.) shall not be altered. Such requirements will continue to be based on
the property's underlying land use district (i.e. Industrial (I)).
Impact on Industrial Land:
Concerning potential impact on existing industrial lands, as proposed, the overlay district would
be available for property owners on Rockland Key, which is predominately within an Industrial
(I) land use district.
According to the 2010 Technical Document, industrial land uses account for approximately
45 5.6 acres, or less than one percent in the unincorporated Keys. Industrial uses are heavily
concentrated in the Lower Keys, with 91 percent distribution. Commercial uses can broadly be
defined as those uses associated with the buying and selling of goods and/or services.
Commercial uses account for 900 acres, or 1.2 percent of the total area of the unincorporated
Keys.
There are eight Industrial (I) districts in the unincorporated county (each district consists of a
number of contiguous parcels). Staff has completed the following analysis utilizing the County's
GIS database. All acreage figures are approximations.
Industrial District Breakdown:
Acreage
Upland
Fier 3 Acreage
(I) FLUM
Acreage
roximate
FoalTier 3 (I)
Upland
crea e
Upper Keys
34.09
31.37
.00
0.00
0 acres
Big Pine/No Name
34.16
33.67
0.55
164-36
31.70
18 acres
Lower Keys
344.45
178.97
43.81
312.13
153 acres
County -Wide
1412.70
1 244.01
1 343.83
171 acres
33 * These figures are estimated totals following a GIS analysis using best available data. The figures
34 should not be considered exact.
35
36
37
38
39
Page 13 of 19 (File #2011-094)
0)
T.C.C7LP..0 '
4
5 Areas of Difference between Applicant, Staff and Planning Commission Recommendations:
6
7
Section -Issue
Applicant
Sta Planning Commission
(d)(1) —
No longer allow
No longer allow residential and heavy industrial
Placement/content of
residential and heavy
use upon issuance of a building permit for
language pertaining to
industrial use upon
commercial use. Within independent section of
uses that are
issuance of a permit for
table and addresses legal nonconformities.
permitted in the
commercial use. Within
Industrial (I) district,
major conditional use
but not permitted in
permit section of table
the Overlay district
and does not include
language about legal
nonconformities
(d)(4) —Maximum
240,000 sq. ft.
125,000 sq. ft.
140,000 sq. ft.
size of a building
140,000 sq. 8.
n/a
n/a
(d)(4) —Maximum
amount of floor area
pertenant
(d)(4) —Maximum
400,000 sq. ft.
3001,000 sq. ft.
400,000 sq. ft. (same as
amount of floor area
applicant)
in Overlay district
(d)(5) —Public
Provide an area on site,
Donate land area and
Provide an area on site,
improvements
equal to 5% of the
construct a bus stop bike
equal to 5% of the
commercial retail
lanes and up to 12,500
commercial retail
facilities FAR
sq. 8. building/space for
facilities FAR (similar
public use, dependent on
to applicant)
the amount of
commercial retail
development completed
(d)(7) —Timing of
Initiate during major
Initiate during either minor or major conditional
required US 1
conditional use permit
use permit process and complete by issuance of
improvements
process and complete by
building permit (see attached MCC Section 114-1
close of building permit
and 114-2)
(CO/CC)
(d)(8) —Sound
n/a
Not allow public improvements other than those
attenuation language
related to transportation in 75 DNL area
as requested by the
NAS-KW at the
planning commission
public hearing
(d)(9) —Prohibition of
n/a
Not allow use in NA portions of Overlay district
use in areas
designated Native
Area_(NA)
Specifically, staff has determined the following issues with the proposed amendment:
Page 14 of 19 (File #2011-094)
2 • Staff is recommending that no individual building exceed 125,000 square feet of floor area.
3
4 Without a cap to building size (assuming there is also not a cap to total floor area on the site),
5 a developer could conceivably build a single building consisting of 503,118 square feet to
6 646,866 square feet. A building of such size is not consistent with the community character,
7 keeping in mind that the Land Development Code already caps the size of nonresidential
8 buildings in the Urban Commercial (UC) district at 50,000 square feet and caps the size of
9 new nonresidential buildings in other districts at 10,000 square feet.
10
11 Staff analyzed the size of existing buildings in the unincorporated Lower Keys and Big
12 P ine/No Name Key RG GG subareas (excluding those within the City of Key West and NA S
13 Key West). Staff only found one building over 100,000 square feet in floor area the
14 unincorporated Lower Keys:
15
16 • Key West Harbour, 6000 Peninsular Avenue on Stock Island: approximately 107,000
17 square feet and is utilized as a boat barn
18
19 The largest commercial retail building is at the Winn Dixie Shopping Center, located on Big
20 Pine Key. There are three buildings within the development, consisting of approximately
21 68,000 square feet, 17,000 square feet and 7,000 square feet respectively; thus resulting in a
22 development of approximately 92,000 total square feet. (Note: not all of the square footage
23 is utilized by commercial retail uses).
24
25 Staff analyzed the size of existing buildings in the unincorporated Upper Keys RGGG
26 subarea (excluding those within the City of Marathon, the City of Key Colony, the City of
27 Layton and the Village of Islarnorada). Staff did not find any buildings over 100,000 square
28 feet, as determined by the Monroe County Property Appraiser (MCPA), in the
29 unincorporated Upper Keys. However, there are two developments that contain numbers of
30 structurally independent, but attached buildings that appear to be single buildings of greater
31 than 100,000 square feet:
32
33 • Tavernier Towne, mile marker 91, Tavernier: approximately 108,000 square feet and is
34 utilized for a mixture of uses, but predominately commercial retail uses (note: the
35 Monroe County Property Appraiser (MCPA) considers the development as four attached
36 buildings, rather than one single building, with the largest building being approximately
37 82,000 square feet).
38 • Tradewinds Plaza, mile marker 1011, Key Largo: approximately 195,000 square feet
39 (note: the MCPA considers the development as five buildings, rather than one single
40 building, with the largest building being approximately 90,000 square feet).
41
42 At the November 28, 2012 public hearing, the Planning Commission recommended a cap to
43 building size of 140,000 square feet. Note: The Planning Commission premised their request
44 on the receipt of data and analysis from the applicant supporting a building larger than
45 125,000 square feet. As of the date of this report, no such data and analysis has been
46 submitted.
Page 15 of 19 (File #2011-094)
1
2 At the November 28, 2012 public hearing, the applicant did not agree with a cap to building
3 size. The applicant proposed a cap of 140,000 square feet to individual business size (aka
4 individual retail tenant space), but not to building size.
5
6 In revisions submitted by the applicant following the public hearing, the applicant proposed a
7 cap to building size of 240,000 square feet, not commensurate with the recommendation of
8 the Planning Commission. The applicant also maintained the proposed cap of 140,000
9 square feet to individual retail tenant space.
10
11 ■ Staff is recommending that the cumulative total of all floor area within the overlay district
12 shall not exceed a maximum floor area of 300,000 square feet.
13
14 Without a cap to total floor area on the site, using the range of floor area ratio requested (0.35
15 for high intensity to 0.45 for low intensity), a developer could build approximately 503,118
16 square feet to 646,866 square feet of commercial retail floor area in the overlay district
17 (assuming the overlay district will consist of the 33 acres (approximate) proposed in the
18 related map amendment application. Staff finds that this total amount of square footage
19 would not be consistent with the community character and recommends a cap of 300,000
20 square feet.
21
22 Staff analyzed existing shopping centers over 50,000 square feet in the unincorporated Lower
23 Keys and Big Pine/No Name Key RCGO subareas. The only such shopping center is the
24 Winn Dixie Shopping Center, located on Big Pine Key. There are three buildings within the
25 development, consisting of approximately 68,000 square feet, 17,000 square feet and 7,000
26 square feet respectively; thus resulting in a development of approximately 92,000 total
27 square feet.
28
29 Staff analyzed the size of shopping centers over 50,000 square feet in the unincorporated
30 Upper Keys RG GG subarea.
31
32 ■ Tavernier Towne Center, mile marker 91, Tavernier: approximately 119,000 square feet
33 (seven buildings)
34 ■ Waldorf Plaza Shopping Center, mile marker 100, Key Largo: approximately 56,000
35 square feet (one building)
36 ■ Tradewinds Plaza, mile marker 1011.5 Key Largo: approximately 195,000 square feet (five
37 buildings).
38 ■ Pink Plaza Shopping Center, mile marker 103, Key Largo: 61,083 square feet (one
39 building)
40
41 At the November 28, 2012 public hearing, the Planning Commission recommended a cap of
42 400,000 square feet.
43
44 At the November 28, 2012 public hearing, the applicant proposed a cap of 500,000 square
45 foot.
46
Page 16 of 19 (File #2011-094)
1 In revisions submitted by the applicant following the public hearing, the applicant reduced
2 their proposed cap to 400,000 square feet, commensurate with the recommendation of the
3 Planning Commission.
4
5 Current and Proposed Allowances without Cap
6 (Based on an overlay district of approximately 33 acres (1,437,480 SF), as presented in
7 associated map amendment application):
8
9
to
11
12
13
14
15
16
17
18
Existing Floor
Amount
Proposed
Amount
Land Use
Area Ratios
Allowed
Floor Area
Allowed (ifto
for Industrial
Ratios for
cap is
(I)
Overlay
imposed)
Light Industrial
0.40
574,992 SF
0.40
574,992 SF
Heavy Industrial
0.25
3599370 SF
Not permitted
0 SF
Public
0.40
574,992 SF
0.40
574,992 SF
Restaurants
0.30
431,244 SF
See commercial
N/A
retail
Office
0.40
5743992 SF
0.40
574,992 SF
Institutional
0.00
0 SF
0.40
574,992 SF
Commercial Retail
—
—
—
Low Intensity
Not permitted
0 SF
0.45
6469866 SF
Medium Intensity
Not permitted
0 SF
0.40
574,992 SF
High Intensity
Not permitted
0 SF
0.35
503,118 SF
Commercial Fishing
0.40
574,992 SF
0.40
574,992 SF
Existing
Amount
Proposed
Amount
Land Use
Densityfor
Allowed
Densityfor
Allowed
Industrial (I)
Overlay
Commercial Apartments
1 unit /acre
33 units
N/A
0 units
(2 units /
(52 units)
(0 units)
buildable acre
for maximum
net)
* The applicant currently proposes a 400,000 SF cap, the planning commission
recommends a 400,000 SF cap and staff recommends a 300,000 SF cap
It is important to note that land use intensity is cumulative with the exception of certain types
of affordable housing that may be calculated separately per MCC §130-161. Therefore, an
applicant could not build the total all of the individual totals for development on the
preceding tables. For example, an applicant may build 5 0% of the total light industrial
square footage allowed and 5 0% of the total commercial retail square footage allowed, as the
cumulative total would be equal to or less than 100%. However, an applicant could not build
5 0% of the total light industrial square footage allowed, 5 0% of the total commercial retail
Page 17 of 19 (File #2011-094)
1 square footage allowed and 25% of the total public square footage allowed as the cumulative
2 total would equal 125%, a total over 100%.
3 o Staff is recommending removal of the provision that with a development agreement, the
4 BOCC may reserve and award, in a single allocation, up to 500,000 square feet of
5 nonresidential floor area, from un-allocated nonresidential floor area from past nonresidential
6 ROGO allocation periods, as well as borrowing from future allocations.
7
8 Staff does not object to the concept of establishing an application process for the NROGO
9 bank, or a codif ed mechanism to award nonresidential floor area that went unallocated in the
10 NROGO permit allocation system in previous years. However, the NROGO is addressed
11 independently in a separate chapter of the Land Development Code and such an amendment
12 in this section would not be appropriate. For organizational purposes, this process belongs in
13 MCC Chapter 138 -- Rate of growth Restrictions (ROGO/NROGO), not MCC Chapter 130-
14 Land Use Districts. Further, for equity and competition purposes, this process should not be
15 available to only a single development area in Monroe County.
16
17 At the November 28, 2012 public hearing, the Planning Commission agreed with this staff s
18 recommendation.
19
20 At the November 281, 2012 public hearing, the applicant agreed to remove references to
21 NROGO if the County processed a separate text amendment addressing the issue.
22
23 Staff agreed to process the separate text amendment to revise the NROGO regulations. As of
24 the date of this staff report, the NROGO ordinance had been reviewed by the DRC and was
25 scheduled for review by the Planning Commission on January 30, 2013.
26
27 o As part of any development containing a commercial retail use, staff is recommending that
28 the developer be required to carry out and construct certain public improvements. (In
29 response to concerns that the previous version of such text by staff, as presented to the
30 Planning Commission, was not clear, staff revised the language following the Planning
31 Commission meeting, providing more specificity).
32
33 Development including commercial retail use should be required to dedicate land area on -site
34 -- beginning at the threshold of 50,001 SF or greater at a rate of 5% of the total building floor
35 area- and/or construct and dedicate a public building (or dedicate area within a commercial
36 retail building) -beginning at the threshold of 25,001 SF of building floor area or greater- for
37 public and/or not -for profit institutional uses that serve the surrounding residential areas,
38 such as, but not limited to, bicycle paths within the site and connected to the scenic highway
39 along the US Highway 1 corridor; a covered bus stop; community meeting rooms; a
40 community center with multi -use breakout rooms and a kitchen; and/or a library. The type of
41 public improvements and activities shall be determined by the County during the
42 development review and approval process.
43
44 As part of any conditional use permit, approval of the application shall be contingent on the
45 developer constructing and installing bicycle paths that provide internal access to all areas
46 open to the general public and if needed at the time of such application, a covered bus stop.
Page 18 of 19 (File #2011-094)
1
2 As part of any development application involving commercial retail use, dependent on the
3 cumulative total of nonresidential floor area, approval of the application shall be contingent
4 on the developer dedicating and constructing public and/or not -for profit institutional
5 improvements up to 12,500 square feet before the developer reaches the threshold of 250,000
6 SF of building floor area.
7
8 At the November 28, 2012 public hearing, the Planning Commission did not recommend any
9 changes to the applicant's draft related to required public improvements.
10
11 However, in revisions submitted by the applicant following the public hearing, the applicant
12 the applicant independently made minor modifications to the proposed language.
13
14 • At the November 28, 2012 public hearing, staff and the Planning Commission agreed on
15 several other recommended revisions —including those related to uses no longer permitted
16 [subsection (1)]; required US 1 improvements [subsection (7)], sound attenuation [subsection
17 (8)], and areas designated Native Area (NA) [proposed subsection (9)].
18
19 For unspecified reasons, in revisions submitted by the applicant following the public hearing,
20 the applicant did not incorporate the recommended changes to uses no longer permitted in
21 subsection (1). Staff had proposed revised language clarifying the prohibition of new heavy
22 industrial uses and new commercial apartments, as well as the new language explaining the
23 nonconforming status of any such existing uses.
24
25 For unspecified reasons, in revisions submitted by the applicant following the public hearing,
26 the applicant did not incorporate the recommended changes to required US 1 improvements
27 in subsection (7). The Planning Commission had proposed revised language stating that such
28 improvements were required during the minor or major conditional use permit process, rather
29 than only during the major conditional use permit process.
30
31 The applicant submitted the revised draft before proposed new language related to sound
32 attenuation and areas designated NA could be formulated by staff following the public
33 hearing.
34
35 V RECOMMENDATION
36
37 Staff recommends that the Board of County Commissioners amend the Monroe County Code as
38 requested by the applicant with the incorporation of staff s recommendations.
Page 19 of 19 (File #2411 -094)
Post PC Won 12-,0
l � bapW 130, Artipl+e VII Pivisi�n 2 shall be amended as follows: �- "'
3. Section 134-131. Rockland Ivey Pommsfcial Retail Center p� erla tn� M�0
a
'� Y .
�• lam
• 111VI�i ,�
5 (a) .�rposg and .Intent. The purp�pses of the Rockland Key Cpmmer i, R,et OLFp%7'
s
Oyerl4Y PiAtriot is tp *plernent apPlieable goals, gbjeetiyes, a4d policies pf the
? comprehensive Plan and to allow larger wale ppn4mereial re
tad development in a
$ non -en it nentally sensitive 4=4Qf * L gweT Keys that _ . y serves the
9 needs of p , t residents of the LoW@r Keys. The intent is to PrPt ct and
10 the charter of #m r9siden0al areas in the Lower Keys by allowing
1 I larger srla cpmmereial reel devel�opn4egt within the oyerlay distrjet, a sc�fYed
12 area that has hi
.. • .. starkly been dewloped with nqqmm*d@s#al qm•
13
14 (b) BoundgrY The Rpckland KeY Convnerpial ReW.1 Centor Overlay Pistrict is
15 iglus ,4ted in Se�tio4130-131, Fig=, 1 and on the OfiYeiaj L�pd 1Jse District Nip:
1ty
17 Link to &aion 130-131, PYg fr? 1.
18
19 W Environmental h-oteptions. Prier to the pQnatrgction of any roan gerpiai retail
2Q development within the overlay dispct: in addition to the Prptectians afforded in
1 the cornprehensi a and � �a Development Cp0p, all man Qye wetlands
z,„vP R
22 and as fisted trquitional I ppI44d b
qffqr arW wi4 he restprod =d preserved Mn
23 accordance with established pent conditions. On -site wgtland preservation and
24 mhancement will include thi following:
25
26 (1) Identified n4angrove wetlands and associated transitxo�p l I upland h �
2'l •
areas located on the property will be Placed u1tdk- a perpetual wasmygtion
28 easement to be recorded in the Vnhlip Records of Monroe County. 111e
29 conaeryation areas within the conswataipn easement ;nay in no way he
30 altered from their gernzWO state (exploding restoration aptivitie$),
31 Activities prohibited within the conservation areas inplude, but are not
32 I mite# tp'
33
34 (a) Construction or placing of buildings, roads, signs, and/or other
3..5 similar infrastructure on or above the ground;
36
?) nPiqg or Placing soil or tali or dumping or
38 placing of trash, waste, or unsightly or offensive materials;
39
40 W ReMOW1. or destruction p f trees, shrubs, or other vegetation,
41 excluding vegetatlpn classified as invasive etotie�
42
43 (d) Excavation, dredging, or removal of loam, peak gravel, soil, rock, or
44 other material subst cos in such manner as to affept the surf4ce;
45
S s _F
t •..'l: iv t�; 1� 'i i� •�t�• �.`teF�• i ity'Li t r .►♦•• y :� '. •i lrL3 •yyI?L'.�.
IL ... �Z ;ice. Ji �Y� S is iF�
1
2
3
4
5
6
7
8
9
10
1l
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
Post PC Revisioi 1
p) Surface use 0ececx y t fpr pu�rppses that penpa�it the land pr gt�er gM to �Q
remain prc . tIy in. its natural cou400A;
DFC
(0 Ac#yioes or develop ept detrimentgl to dr�atnage, fi ttrol, ?012
water consprYatiox, elusion control, soil conseryod p
Wildlife habitat preservation, inelg but not 1:W Co' P4AAIAII
Vi 1or fe cintr•
(g) Acliyitios or 0o*pm@nt to st}ch rqontio4 of Ian or
water areas;
(h) Aptiyitips or develppmmg de q 0 the prosgrvitipp of the
st ctaral # ftrity or physical ap ealrwof sites or rpPerties of
historic archit taral� archaeological, or 4toral signlofflww; and
A.py land pse not related to preseag the n4t
WW stao of tie
conWvatiM .
2) A wet annd restoratipn dad preseryatio4 ccppp4ent the involves rMOV41 of
fill mail from wctlaacs, punting of toe transitibuffer area with
104e/a 4gtive vegetgdpn; removal of all invasive erotic vFg Lion, =4$
fencipg a4d siSage at the Rinits pf the Conservation Frasernent wall be
implanted in co With South Florida W4ter Mpag went
District C �S�D' �) permit rrq*ep n
(3) A fully-c c pliant SF I -approved stormwatpr man,4gppent system that
prevents adverse impacts to the on -site wctlapd restora#on and
prew. ya#ionlca wrvation area shall be implemented as part pf any r@-
deydoprnent proc;ss.
�d) 'Within the boundaries of the overlay district, the ponmin@4 uses in su.bsection (1)
shall be enforced, in lien of section 130.82, WtIstrial distdgt and the. iMUM
nouresidential land pse intensitips in subsection (2) shall by egfprc4 in lien of
section 130-154, axi l pnresidential Land Vsc Eqtensi#es apd Dist'riot Opens
Space and. �i�nrk Epp . `a1t i �g0:oijoo4dgns'1n Obs*Ions (3),(4)
=4 �5) SUail be M , rce , in lien dSectjei ;138-50.
(1) Pe milled Lees.
Roc*lanO Key Commercial Re}aH Center Overlay District
F*Md vsas
The follow' use.
ar+e ermined as of ri t in the ovens distrct
i
taurants of 5,000 nuare feet or less of floor ar N
Office uses of5 000 uare feet or less of floor er
3
Commercial fishingi
4
Institutional uses;
5
Li ht industrial uses;
f
Public buildings and uses
•4i, rnz! l '(0-t0tsmi: 1:. V if: i t =A•yr$F`c .�
�:j;TC. '� Lit
iM Eat]: As wwd
4 P]w4 Comszdsdx4 Sub.
90, (d) fii liam ►can gaff 9W
ac�endm�ulsto sw.138rS0
will p1low this 4VMj0PMW
r~ W.-4- 44
Post PC RgYV"Oil 2 o
-
(8)
Accom •
'ent pf an ex4ng antenna -supporting stru to
6
section 146-5 z •
.g�
Collpcations on existing antenna -supporting structpM, p to
seadon 146-5 3 •
{ 10�
AttwhtA "rdess op tnications facili0cs, as accessory uses,
Mawt io section 46-5 4 •
{ 1
$0, dth wkeless pot�nmunicadons fac liocs, as accessory gses,
ursu t to section 146 S •sad
�123
Sa ite eartl} stations, as acowo 'y uses, rep t to sec Qn t4�-
MO.
Thy foll13wing rises
qm pen 4P4 as aq ipor nonoitional uses in the overl4y district,
sub ect to the scan
aand P=2&ms set fbO in chapter 1 10 article III
711
Commadal retoll uses of 10,000 pare fet or less •
2
Rests is of 5,001 to 20 on0 uare feet of goor •
3
office poes of 5,001 to 20 0oD !Suam feet of floor Im•and
4 New $ntOntMc Muant to section 146- X 1
The falls ring uses are per iced as major nomditianal uses ip the overlay dispdct,
subject to the staadax►ds and proca ►res so; forth in ter I 10, q ticIg ljf, In addltion,
upon iMa;ic9 of a pewit Apr cppneMIal pe oat an ipoMdual parcel, hQavy is> al
and residential use of that a�urcel s all no longer be 'tted@
1 ..._ .. -Iom J!Je dal retail faduties of 102,001feet or greaW.
(2) Mq*imuxn Nanresideniial Lgnd Use 1'nton.0tigs an4 Distilpt Qperq $pgcg.
For the pWpvses Pf this oyerl4y Oistriot, 4ses with conaspoUdinp de ityl
inteiity thresholds shqJi be hulare and ufiilize floor area ratios as
io�ows-&fi
Rockland Key CommarcW A �U Ce ter Overlay District
aximpm N0nresidpatial Lamd Vse fntensitics and Open Spac¢ Wo
Lana Use
h faze mwn Floor
Aroa Rro
04R.
Light fn4trial
040
0.20
Public
0.40
0.20
Office
0.40
0.20
lnsd4!1ional
0.40
0.20
• N..%> n;-'...,.va::........::-�.-.awrw.wnrr.rr ..^wnY..w-*
Commeandal Retail
R LOW intensity
McO4M Intensity
0.45
0.40
010
0.20
High Intensity
Co>aunercial fishing
0.35
9.40
010
0.20
$ (3) Ma X&nUIn flo9r arIga ad, face o U.S. 1. lip b�ildimg or st;uct�r+� sh411
9 exceed a maximum floor area of 50,000 square feet within 600 feet of the
10 edge pf t4e U.S. 1 right of way.
11
12 (4) Maximum floor area. No in�ividu4l r�tol tenant sp4pp shall exceed
13 140,000 square feet. No 41divid* building shall exceed 240,000 square
♦ �{ !
_� .i1]`L •,y.�i. 1'.l��IS„Z � :♦.1 iiT �1��� : '�li�siil:s�� f �S a t� �RR + 1 .1 �! ! �� �r€•_ i r 1 �:� �� T •
IC. � i E ' y � ♦ S S 3 1Sit��.C.L
ty 2012
'I0. p<A
2
3
4
5
6
8
9
10
11
12
13
14
6
10
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
Post PC cq 12-05-12
RiFreiv 0
-14-s'
fqet. The cWn*dvV OW ipf aA floor ueo withiA v•-strilct shall
gerjoy
not exceedi;qu w A mo4 p of400OOO sqpfeet.
PW 4pf 40,vel wi jj� Co- P4AIVIVI
cc il6ne M#Y
b 9;1.,,,Un, to foot An , O@A
0Ayp '06 10
...4 ' . .
•
nonr 6 no"jdailtiol. floof A"A'.fro m
nopswtWax,A g4# b' 0 sal*06n ii4s'2 4s
ft ' re 41*004sl
qF=w* (0219AS Own,
(6)
Rfqz#re4 pT,hq devjjqMqnt of orgia retail
KPwwnj ca=isslaN sub.
seq. (5) to be d*d
-a
WMim50fuse
@fpM
Igre4ter fin, 101090 sqeaod Uuopru
01 tog=i
Blow
Oitri4P,qbfic .ImqroveMew. ttail
qppo.m4M
pq��qll be r@uT4 to proyloenW4 on sitgo1 to o
61swatay
come 4rqtg*1 fg9jUdes' f9r. *11 g/commwity fAcilities si4qb as,
--.I
b#t lipt limited to bjkq paw, q;nj4jti-ipqOej UAns*t step, q, mTn
m�eeting row, sherifF s sqbsit4tign satellite library, cnunity band,
1mal Cliniq, iApoigal cliAiql fitness center, etc.
(7)
YNffic Impapt Malement. Pori to a4y 4eel g pprpv4l, g Tmf fiq
Iqipa9t Statepont shall be reqi4irad regardless of traffic generated by
development,
(8)
Reqi#re US I -Improvements. NqtwithstWing other provisions of the Land
Ppyelopmpt Code, if, digthe M4jpr ConditiaW Use Permit 4pprovAl
pr9cess and after the Traffic Imp4qt St4tpmpmt is complete, based oA FOOT
s improvements to JJS I are warmntcd, the Oe-veloper is
responsible for thf- ftoing of designing: paw—sgip-, installing and
4ji coqsqdrepirpo improvements related of the im uts
%. , ql�4; aw proposed
dpye.Iqpmqnt-
(9)
$ound Menuatian. HabitabIq Omcores, permuted under this overlay
i4stript, shall meet noise m4uctiop lev�,Is for 1i& noise zqies. MWWps to
achieve a noise reduction level of 30dB must b'
e. incorporated into design
and cpwtrucdon of the b4b#able struptures. This shall be the tninimum
sou4d attenuation standard.
-\%--Srn! 7, V 'NI
.$.9 R
won &LCLAZ
AICUZ AND LAND USE COMPATIBILITY GUIDELINES
APZ II is an area beyond APZ I and it has a measurable potential for aircraft accidents relative to APZ I
or the Clear Zone. APZ II areas can exist in conjunction with Noise Zones 1, 2, or 3. These
combinations of noise and accident potential are shown as II-3 (APZ II -Noise Zone 3) for the areas of
highest noise exposure and measurable accident potential, II-2 (APZ II -Noise Zone 2) for areas of
moderate noise exposure and measurable accident potential, and II-1 (APZ II -Noise Zone 1) for areas of
measurable accident potential and low noise exposure. These areas have potential for accidents and noise
impacts and land use controls are recommended.
Noise zones vary in intensity of noise exposure and are shown as 1, 2, and 3 in the table. Noise Zone 1
Mess than 65 DNQ is an area of low impact where some land use controls may be needed, Noise Zone 2
(DNL 65-75) is an area of moderate impact where some land use controls are needed, and Noise Zone 3
(DNL 75 and above) is the most severely impacted area and requires the greatest degree of land use
controls for noise exposure.
6.2 Suggested Land Use Compatibility within AICUZ Area
The Navy has developed land use compatibility recommendations for the APIs and noise zones as shown
in Tables 6-2 and 6-3. These recommendations are intended to serve as guidelines, but final decisions as
to specific land use controls to be enacted into zoning regulations are made by the local community.
Noise sensitive uses including, but not limited to housing, schools, hospitals, churches, etc., are
recommended to be placed outside of high noise areas. People intensive uses including, but not limited to
such uses as shopping malls, theaters, and activities that would draw concentrations of people to an area,
should be placed outside APZs. The purpose of the land use recommendations is not to preclude
productive use of the land around Naval air facilities, but to recommend compatible future use of the land
that is protective to human health, safety, and welfare.
Certain land uses are not recommended in very high noise areas and/or the APIs. Other land uses are
considered compatible under certain conditions. For example, recreational uses, such as parks, are
compatible under APZ 1, under the condition that the recreational use does not include a high density of
people (e.g. spectator sports). Compatibility is a relative term and should be considered by local
governments along with specific local land use development criteria.
The guidelines for suggested land use listed in Tables 6-2 and 6-3 are nationwide in scope. Since many
air installations are in urban areas, these guidelines assume an urban environment with higher levels of
ambient "background" noise that might exist in rural and suburban areas. These compatibility guidelines
are, therefore, sometimes modified at the local government level to address a specific local noise
environment. As noted previously in this report, the area from DNL 55 to 65 is an area where people can
also sometimes be annoyed by aircraft overflight. Planners should consider this zone a buffer zone that
may be impacted by higher noise levels if operations increase in the future.
The AICUZ footprint for this study includes the area from DNL 60 to 65 and recommendations are made
for (1) fair disclosure statements regarding the noise levels to prospective owners and occupants and (2)
site design and construction considerations to reduce the noise impact in residential areas in light of the
life style in the Florida Keys. Design provisions such as berms can reduce the effect of sound traveling
across the water. while many standard housing construction techniques provide some levels of sound
attenuation, design considerations incorporating additional sound reduction in construction in this area
can also help reduce energy consumption and should be considered. In the area from DNL 55 to 60, fair
disclosure to occupants could also be considered in recognition of future unknowns.
6-2 NAS Key Mast AICUZ Update
Q lJ lJ �-
z
0
IN .�. �
c , 1., 4 * a
asI��
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stjol
L: 1
� 5
F
i }
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o
a
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iqb-"
12
AICUZ AND LAND USE COMPATIBILITY GUIDELINES
Table 6-2 Suggested Land Use Compatibility in Noise Zones
+.-r•^_p.+rJ�YaL-uu r rf.r °-•. r + h, ,ti .fir.+
.{w+1h'F '. "�,'� d • tieti ;r { .~. ... .4 •••= r
-(j ,y" ., ,. •9r.a F :} i'f kl:tif•.t K_ .: }.'.7�
+r AJ�.'.t
aft• .+
r.�,. .rfi.Gy a+.=•j..r '+F+r }, - ,i.1-ter,,.. h'. "`
•
+r:t• -•.r{./ , •i;F,-• '7 s�,.fi. { -r .,s
° i / _? ^^"{// �'= L ,'r-.o•Y!'-i--Y'}L ;'
• �f:33AT.f Y-�- • ?Fl-. ..J.+ r}-y- P /~$-F-N /r. F 1C.•..
1 T
_. ncse Cnpat;fll}'
s-Y rt . -} ..•r.
M1 Nois.c
olsaZ zone
l /
" } ram e 3F
_.
' n..•• "'}ri.IrRVl
.'.. r:•.. !:+'. ,
_
�°.Y�.M1 l'1 -
.. �D M5 NAME
_ �
rr`55 .
�
-
53 .
'`.t.rr
B5 61
F
�4 -
� �8
•
80:�84
85+
w
Residential
11
Household Units
Y
Y
N
N
N
N
N
11.11
Single units: detached
Y
Y
N
N L
N
N
N
11.12
Sin le units: semldetached
Y IY
N
N
N
N
N
11.13
Sin le units: attached row
Y
Y
N
N
N
N
N
11.21
Two units: side -by -side
Y
Y
N
N
N
N
N
11.22
Two units: one above the other
Y
Y
N
N
N
N
N
11.31
Apartments: walk-up
Y
Y
N
N
N
N
N
11.32
Apartment: elevator
Y
Y
N
N
N
N
N
12
Group quarters
Y
Y
N
N
N
N
N
13
Residential Hotels
Y
Y
N
N
N
N
N
14
Mobile home parks or courts
Y
Y
N
N
N
N
N
15
Transient lodgings
Y
Y
lV
N
N
N
N
16
Other residential
Y
Y
N
N
N
N
N
r+,✓•1:.4•rslr yrY .r
• +J.
M y.'arri.
F.{r-
iait{!!L'f+.nw`..!
'gg '%i;:'¢'%:. ,^_�■�•:» fNi: :r �:l:+tiyi��++l ;• .0 ';C:.
_ = .+ri
+� 't'':,V,•f,.
�f,.t -! " �•1• Yf'
�,r.l - r&•/"y:. �.
t." .S��i:sw••J �xf..•.■l4S�e.r1`:.+rr.•.
:z'_';3 •�:.�_ i,
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"r'rF.
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Y••:?1...1' .72i^, ff
rrr r �' ;.,tT
i_yIa N
.'s :!• 5
pfyr-..J.1sWw.. vr•.+Y.-
#rr• .. ��J� ,.;
r.y;
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:�:�^u ;+.:;"u':,,;•C,'s�
rf 9''i-,w°..
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^ - Ef•+_;_..r.
��_r.+.. l,+."^
�°;r• ii''•:r= '
mow.
y•-ti
t^JY i=5 .4�r
tii.b:-1..,.
": r'rry.. -.r;. c;
+..•••
r r:
�tNY j
..Sw,r`r
:ter+::_
7^r.. �r
_
20
Manufacturing
21
Food & kindred products,
manufacturing
Y
Y
Y
Y
Y
Y
N
22
Textile mill products;
manufacturin
Y
Y
Y
Y
yj
Y
N
23
Apparel and other finished
products; products made from
fabrics, leather and similar
materials: manufacturin
Y
Y
Y
Y
Y
Y
N
24
Lumber and wood products
exc t furniture , manufacturing
Y
Y
Y
Y
Y
Y
N
25
Furnhure and fixtures:
n=ufacturin
Y
Y
Y
Y
Y
Y
N
26
Paper and allied products;
manufacturin
Y
Y
Y
Y
Y
Y
N
27
Printing, publishing, and allied
industries
Y
Y
Y
Y
Y
Y
N
28
Chemicals and allied products:
manufacturing
Y
Y
Y
Y
Y
Y
N
29
Petroleum refining and related
industries
Y
Y
Y
Y
Y
Y
N
(Continued Next Page)
NAS Key West AICLIZ Update 6-4
AICUI AND LAND USE E:OMPAIMILITY GUIDELINES
Table 6-2 Suggested Land Use Compatibility In Noise Iones (Continued)
J .' - J 1r.rr• •e r
.' � _• � •1•L.�
v r••.. '-; >. '-'+ice
� •■■ � 'v •+.. .. �+ r ,(�x�r'f^.ir
rF _ `'r .frr +IG
r ..
I, ti° -r~
• `.. ... { .�L J Y� < - J v '. �
�. � �{� s + ,,.. �.1 +
.._ s•. }"�_ .h: � r f r[✓!'�J ^.i'���1� yC.t��
_�- } s °.. _• .. -.i tj
'py��-•�-,r.�t-
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���;.Y ADZ ._ M� .'' 1�.• -2
l�';•:•'- _ .� •=
L � ,��y _• .{+r�'� L� �+{ SL.�}oS' ~• ���� Ny � ■! - fir
.. .. ..+..
�+ .w-- f f(-+° ''C yaVt�� •. p���` - F•
M� -•ter �.a� ,1.]W
a1 _+�..�Ef' J-' �,}•.m
T
���a}� �• A��LI��.a.�,r�L��_
aer
rr�'y' :r��' ��i'•E� V-.,tip" � �
���� � ��,�yy�� �
,-
•f�c-• 5
�4�
�, •'•�"� Y' o 6
• f .'Y -P fe� 1r_
r,,M.s f�s'�..• ,Pfrl..hri�
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ly �~.,
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:. 1i',�'kf16�9
7�ND�g
f$
30
Manufac[urin conanu
31
Rubber and misc. plastic
raducts: manufacturin
Y
Y
Y
Y
Y
Y
32
Stone, clay and glass products;
manufactu rin
Y
Y
Y
Y &
Y
Y
N
33
Primary metal products;
manufacturing
Y
Y
Y
Y
Y
Y4
N
34
Fabricated metal products;
manufacturing
Y
Y
Y
Y
Y
Y
N
35
Professional scientific, and
controlling instrwents;
photographic and optical goods;
watches and clacks
Y
Y
Y
25
30
N
N
39
Miscellaneous rnanufacturin
Y
Y
Y
Y
Y
Y
N
l��ti., �}•t� f' y f,.
'aJ:`-w -.►�:�.ti"A►.Y•rJ'�r�'w-°..r.:t''.�..`i�.�G•XiS^..+i'rI{4i%f
,,f.'r�� +yr �S `� # � ,v �"rry•�Y.N 'N�TI �f°°•
�. rr�,� i�• •i tN''v
is �' ac'}'��i �Y.•-0r
+V... �' �'n :�. {+..
� t; wr° •f°�'� �/.ai i �'r
N�nlf•,w��.Wt
�:Y :«r.J li ✓-
��.y�/.11�� �w r � i l��
+ice.. �=}`
w.ti:. rr3�1.,1/'�
:Li:.i ° •!�'Yf J�' N+�h!
,`3 X-✓�
f�-+'Z•^,�`.
� '.
+N1n:+J.. ,Y �rr'�/,
,�W ti.�••�� 7
: r.�a�i+."f'S„ ^J^�`ly
-: V • -f.n .•1- w,
�r..-':':.+`�P ,�{��°-:{
T. v;•.+. wi°:'°r�ti
:r.•-�Jti�.:. �-�.�
�"'��� M' W
w+:
='`. 'SJ'rr�'.'-tiFfi
�.:'•4'J
44
?'Fans rtadoq, c4at=w lcadon and a0des.
41
Railroad, rapid rail transit, and
street railway nmortation
Y
Y
Y
Y
Y
Y
N
42
Motor vehicle trans nation
Y
Y
Y
Y
Y
YT
N
43
Aircraft trans oration
Y
Y
Y
Y
Y3
Y 4
N
44
Marine craft oration
Y
Y
Y
Y zY
Y
N
45
Highway and street right-of-way
Y
Y
Y
Y
Y 3
Y 4
N
48
Automobile parking
Y
Y
Y
Y
Y
Y
N
47
Communication
Y
Y
Y
25
30
N
N
48
Utilities
Y
Y
Y
Y
Y
Y4
N
49
Other transportation,
communication and utilities
Y
Y
Y
25
30
N
N
-:.%� .+{w is we�,v:
/y.F-+�•1 wM1 ��fiti•�•� '
>..
L. LV
rfi= 1:cL'�:: y� rJ_+
a.r,y, X'r ?,r��.n!:l�,w'..r• A-y+'r' ?�. -"`:=� 51.:'-�.-
�� • z ii.•i J.-r�•.""�I. r'C' . � fti,r.
..�� ;r � �,3 µ+E.s- �
J• �J: -ice,, i•�.n' V
��se.►>,.,as�i . � r.. l::%.i�i..;<�r'rjv:�'�
:[.!-Jr ,r.•�r rcr.,,.�rJrr;;r
�.�., �r v'{�i-,�
�' �C
<'L :r�..-.r:-. �.•.:iF:.Ji::.a�ia
r;�.,ry,•: .r_
v 1r• �:.7C
}: 1C -rr'•.s.-4�.��yyr...rrr..r�
vra
rti: to r!d :`fr^. '•. '�i:
� {,. f•;.
�f•.,:: ".'�'
y�':. %ti u
..�'`� f..vr� s�a:°�:-.s
u. �:.w'.r r•+i.l: «rrr..
G �r•_w� d -,,;�
:y Nv 'L"�;!
-r. r:ss':.':•�n: , i
wµw?1.ch:--'"''"•
.-.'r sL y=.'�';r
Yn! t
-,rr�t.: �:?�� °cti�.-r-
T4. a-.! ..
• !• :p
.�-_Ys�a �r%..,,r�:�• ,`:, �
1 •!
.r•x:^.r:.;:�.... r. r.: rr ►.L
'-.e. an fir. re..r;:. ...•
::hw-��;:.�r-••�YJ�
+A YY,"
J.rc^.��, :',. +.r.'::f3,.a!
50
Trade
51
Wholesale trade
Y
Y
Y
Y
Y
Y4
N
52
Retail trade -- building materials,
hardware and farm a ui ment
Y
Y
Y
Y
Y
Y4
N
53
Retail trade - shopping centers
Y I
Y
Y
25
30
N
N
54
Retail trade - food
Y
Y
Y
25
30
N
N
(Continued Next Page)
6-5 NAS Key West AICUZ Update
AICUZ AND LAND USE COMPATIBILITY GUIDELINES
Table 6-2 Suggested land Use Campatibilfty in Noise Zones (Continued)
r`IPN4
�O
��-
��� �
•!j M1 =.ii•- .C. •T7;
,�_4.. Ji:�'� a� L+I'; _ ��'Gr:r •
<R.h s ii.: /'-Y .x?'��`'ti� 4����� ; `J.`r /
-y7',;.(/ti..�" . ,'.2!' �'c-r.I,.. z.,:;,5+.�z - Gam-c•'r+Fti••. !- "i ��tr�.!ti•,.rs
Stt £1L�ndr.E1 e. U attbi
! r�. % ��. gar. 99:i�r•�...��}r��.y.7.�� �r;v�Y�.,
^rl',•l.i.L7;C ,CtY.•- f..n r.�':n�St1��.'^ �.r .vC •"�'.`....�•fY3'.i�i-�.Y .ti''`!r"-'.�ix�iriwr+..� ��t..K
..�f..r.�. .Xl�r fF�.F ..!^ __ �, J�' �fi t-�y�'..11r-•7htY�+"• i+Y�+7i r'h-�f. ..� � rr V af�'•vC,w/a~"v!}'/:f?1y7� ^+.�f. ?:� �! R�+ !•x
{ se ��ne 1� + ��-Nv se ane�-2 , -. N lea an t1 =-
5 Nr �4L'J,'CS 5G�'`[rrii ^sue ! r-iM• � �-:YIti.A.-_•�r•Kr �+.' v��� �` �'4•Y
or, CN
`!• �+. I
;.Cr•,u••
.fr, !
YK2'aY.,.
+`•;� C1U!/:.•'far
�.�-....�=
i'
.:+aj1'J%i+3'L1
}'' •++ �. �* Y. ��'iy ".7r•--' i`+ r
jr^' ..- ! �+�5 - -
+'.'. � s 'ti.�.M
3T" r-� ! �r,��r _. +'+'��
r .C� *--r+- '.' •-"[•
�CA�N��#sEhNAi�AE�. �
.�1..+. S9' .•-J �_�S r#ry:
r+ •,��arti-:l�r:+C..+. fwn:l �� :_..-ti...
i:+.+1'�.'.� f •..+"•
f+1�^i.
--. r �1:�
r�
+I`'Ji-'� ' r9�
�=55�
l+�rWr`.� �'
��?-- �`�r�w
.r-ry��
`5�.�`T
��5'5--G4�
��s��'.2�yr Y
/...�•7i.+] }^n�: Y. .`
�''J'JY. _Cr^+:ea"v..e:'r
.�•`
_ ���� '+tf
w•� r" ♦ 0-
�•'•- F•4.,Q•
�569�
��L•�`� Y�
=�� ^-C:•::rYi �Y�:--"�:':r`�
M'. �y
f� .r+,:,-�r��
�+ �4 r'. �.i v^�
y�
`i
�
��y �
! ! :�7'Y�'`.
...�5.�•I
r- _ yy!•'rH�.rti
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r�-� —.���
yLeYy.. W. S-r
��r :J .J'.�
.may FF.+
'k
. �
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ik�l7w.
'{" !
r •�!
AO
- ! ,y rw'.:11.
3' � r�
!. ��,J�"7'
so
Trade Coa ttred
55
Retail trade - automotive, marine
crag, aircraft nd acre oriel
Y
Y
Y
25
30
N
N
56
Retail trade - apparel and
accessories
Y
Y
Y
25
30
N
N
57
Retail trade - furniture, hone,
fwnishings and equipnwnt
Y
Y
Y
25
30
N
N
58
Retail trade - eating and drinking
establishments
Y
Y
Y
25
30
N
N
59
Other retail trade
Y
Y
Y
25
30
N
N
�' .f�•�, .. h ..��
4}�iri;�r. ,Y..lALraf�a.r,L;�..r':. ��`„�Sv
-
_
- k.
- -
60
services
61
Finance, insurance and real estate
services
Y
Y
Y
25
30
N
N
62
Personal services
Y
Y
Y
25
30
N
N
62.4
Cemeteries
Y
Y
Y
Y
Y
Y 4 1
Y 6.11
63
Business services
Y
Y
Y
25
30
N
N
63.7
Warehousing and storage
Y
Y
Y
Y
Y3
Y 4
N
64
Repair Services
Y
Y
Y
Y
Y
Y4
N
65
Professional services
Y
Y
Y
25
30
N
N
65.1
Hospitals, other medicat fac.
Y
Y
25
30
N
N
N
65,16
Nursing Homes
Y
Y
N
N
N
N
N
66
Contract constructlort services
Y
Y
Y
25
30
N
N
67
Government Services
Y
Y
Y
25
30
N
N
68
Educational services
Y
Y
25
30
N
N
N
69
Miscellaneous
Y
Y
Y
25
30
N
N
ii.. r .. a
70
Cultural, entertainment and recreational
71
Cultural activities (& churches)
Y
Y
25
30
N
N
N
71,2
Nature exhibits
Y
Y
Y
N
N
N
N
72
Public assembly
Y
Y
Y
N
N
N
N
72.1
Auditoriums. concert halls
Y
Y
25
30
N
N
N
72.11
Outdoor music shells,
amphitheaters
Y
Y
N
N
N
N
N
72.2
Outdoor sports arenas, spectator
sports
Y
Y
Y 7
Y I
N
N
N
73
Amusements
Y
Y
Y
Y
N
N
N
74
Recreational activities (include golf
courses, riding stables, water rec.
Y
Y
Y
25
30
N
N
75
Resorts and group camps
Y
Y
Y
Y
N
N
N
76
Parks
Y
Y
Y
Y
N
N
N
79
Other cultural, entertainment and
recreatlon
Y
Y
Y
Y
N
N
N
(Concluded Next Page)
NAS Key West AICUZ Update 6-6
AICUZ AND LAND USE COMPATIBILITY GUIDELINES
Table 6-2 Suggested Land Use Compatibility in Noise Zones (Concluded)
V ti � ' a: AC�'l:}'.4yy� AJ'•J--`Jwrv�.� T� �i'� �`''-r: J� .lw•M� •r'.-• I
!• �r+r• •J ' yR`�n{r6^' •••^y�� �"!�. I:f
Y.Y'•Y7.! : V� .. ��t`•� �+�_:, ��--+^r~
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SLUCM Standard Land Use Coding Manual, U.S. Department of Transportation
Y (Yes) Land Use and related structures compatible without restrictions.
N (No) Land Use and related st,ruclures are not compatible and should be prohibited.
Y * (Yes with Restrictions) The land use and related structures are generally compatible. However, see note (s) i ndlcated by the superscript
Nx (No with Exceptions) The land use and related structures are generally incompatible. however, see notes indicated by the superscript.
NLR (Noise Level Reduction) Noise Level Reduction (outdoor to Indoor) to be achieved through incorporation of noise attenuation into
the design and construction of the structure.
25! 30, or 35 The numbers refer to Noise Level Reduction levels. Land Use and related Mctures generally compatible however,
measures to achieve NLR of 25! 30 or 35 must be incorporated into design and construction of structures. However, measures to achieve an
overall noise reduction do not necessarily solve noise difficulties outside the structure and additional evaluation is warranted. Also. see notes
indicated by superscripts where they appear with one of these numbers.
DNL Day Night Average Sound Level.
CN EL Community Noise Equivalent Level (Normally within a very small decibel difference of D NL)
Ldn Mathematical symbol for DNL.
Notes:
1.
a) Although local conditions regarding the need for housing may require residential use in these Zones. residential use is discouraged in
DNL 65-69 and strongly discouraged in DNL 70-74. The absence of viable altemative development options should be determined and an
evaluatIon should be conducted locally prior to local approvals Indicating that a demonstrated community need for the resident lal use would
not be met if development were prohibited in these Zones.
b) Where the community determines that these uses must be allowed. measures to achieve and outdoor to indoor Noise Level Reduction
(NLR) of at least 25 dB in DNL 65-69 and NLR of 30 dB in DNL 70r74 should be incorporated into building codes and be in individual
approvals; for transient housing a NLR of at least 35 dB should be incorporated in DNL 75r79.
c) Normal permanent construction can be expected to provide a NLR of 20 dB, thus the reduction requirements are often stated as 5! 10 or
15 dB over standard construction and normally assume mechanical ventilation, upgraded Sound Transmission Class (STC) ratings in
windows and doors and closed windows year round. Additional consideratlon should be given to modifying NLR levels based on peak noise
levels or vibrations.
d) NLR criteria will not eliminate outdoor noise problems. However, building location and site planning, design and use of berms and
barriers can help mitigate outdoor noise exposure NLR particularly from ground level sources_ Measures that reduce noise at a site should
be used wherever practical in preference to measures that only protect interior spaces.
5-7 NAS Ivey West AICUI Update
AICUZ AND LAND USECOMPAT1B1L1TY GUIDELINES
Notes (Continued):
2, Measures to achieve NLR of 25 must be incorporated into the design and construction of portions of these buildings where die public is
received, office areas, noise sensitive areas or where the nornial noise level is low.
3. Measures to addeve NLR of 30 must be incorporated into the design and construction of portions of these buildings where the public is
received, office areas, noise sensitive areas or where the nomial noise level is knv.
4. Measures to achieve NLR of 35 inust be incorporated into the design and construction of portions of these buildings where the public is
received, office areas, noise sensitive areas or where the normal noise level is low.
5. If project or proposed development is noise sensitive. use indicated NLR; if not, land use is compatible whhout MLR.
S. No buildings.
7. Land use compatible provided special sound reinforcement systems are installed.
8. Residential buildings require a NLR of 25
9. Residential buildings require a NLR of 30.
10. Resident isl buildings not permitted.
11. Land use not recommended, but if community decides use is necessary, hearing protection devices should be worn.
Source:
OPNAVINST 11010.36B, 2002
NAS Key West A1CUZ Update 6-8
ARTICLE I. - IN GENERAL
Page I of 2
Sec. 114-1. - Standards.
No structure or land shall be developed, used or occupied except in accordance with the standards of this chapter and other applicable
standards of this chapter or the Florida Building Code, nor shall any building permR be issued unless the proposed use is or will be served by
adequate public or private facilities.
(Code 1979, § 9 5-291: Ord. No. 33-1986. § 9-501)
Sec. 1 14-2. - Adequate facilities and development review procedures.
(a) Service standards. After February 28, t988, all development or land shall be served by adequate public facilities in accordance with the
following standards:
(1 Roads. County Road 908 within three miles of a parcel proposed for development shall have sufficient available capacity to operate at
a• level of service D as measured on an annual average daily traffic (AADT) basis at all intersections and/or roadway segments.
U.S. t shall have sufficient available capacity to operate at level of service C on an overall basis as measured by the U.S. 1 Level
of Service Task Force Methodology. In addition, the segments of U.S_. 1, as identified in the U.S. 1 Level of Service Task Force
Methodology, which would be directly impacted by a proposed development's access to U.S. 1, shall have sufficient available
capacity to operate at level of service C as measured by the U.S. 1 Level of Service Task Force Methodology.
b. All secondary roads to which traffic entering or leaving the development or use will have direct access shall have sufficient
available capacity to operate at level of service D as measured on an annual average daily traffic (AADT) basis.
c• In areas that are served by inadequate transportation facilities on U.S. 1, development may be approved, provided that the
development In combination with all other permitted development will not decrease travel speed by more than five percent below
level of service C, as measured by the U.S. 1 Level of Service Task Force Methodology.
d. Wthin 30 days of the receipt of the official t989 FDOT traffic counts of U.S. Highway 1 the county shall publish a notice informing
the public of the available transportation capacity for each road segment of U.S. 1 as described in the county's annual public
facilities capacity report. The available capacity shall be expressed in terms of number of trips remaining until the adequate
transportation facilities standard is exceeded. The notice shall be published in the nonlegal section of the local newspapers of
greatest general circulation in the Lower, Middle and Upper Keys.
ill Solid waste. Sufficient capacity shall be available at a solid waste disposal site to accommodate all existing and approved
development for a period of at least three years from the projected date of completion of the proposed development or use. The county
solid waste and resource recovery authority may enter into agreements, including agreements under F. S. § 163,01, to dispose of solid
waste outside of the county.
(3) Potable waxer. Sufficient potable water from an approved and permitted source shall be available to satisfy the projected water needs
of the proposed development or use. Approved and permitted sources shall include cisterns. wells, FKAA distribution systems,
individual water condensation systems, and any other system that complies with state standards for potable water.
(4) Schools. Adequate school classroom capacity shall be available to accommodate all school -age children to be generated by the
proposed development or use.
(5) Reports required. The county shall provide monthly reports to the administration commission on the status of implementing the
provisions of this section and the provisions of new public facilities required by this section until the submittal of its comprehensive plan
to the department of community affairs for review under F.A.C. 9J-5.
(b) Review of development permits. It is the purpose of this subsection to provide an orderly and equitable -procedure for the issuance of
(1) Purpose. development permits, other than permits for additions to existing structures and other development activity not requiring
additional public facilities, whenever the rate of intensity of growth and development is likely to exceed the capacity of essential public
facilities in order to ensure that the purposes of the Monroe County Comprehensive Plan are achieved.
(2) Service areas. For the purposes of this subsection, the unincorporated areas of the county shall be divided into the following three
public facilities service areas:
a• Upper Keys Service Area: The unincorporated areas of the county north of the Whale Harbor Bridge;
b. Middle Keys Service Area: The unincorporated areas of the county between the Seven Mile Bridge and Whale Harbor Bridge;
and
C. Lower Keys Service Area: The unincorporated areas of the county south and/or west of the Seven Mile Bridge.
(3) Annual assessment of public facilities capacity. an or before June t8 of each year, the director of planning shall submit to the
board of county commissioners a report of the capacity of available public facilities in each of the service areas established in
subsection (b)t2) of this section. The report shall be based on standard analytical methodologies and shall include a projection of the
amount of residential and nonresidential growth that can be accommodated in each of the service areas during the ensuing year without
exceeding safe and efficient provision of essential public services. The report shall clearly identify areas of inadequate facility capacity,
which are those areas with capacity below the adopted level of service standards as provided in subsection (a)(1)--(4) of this section,
and areas of marginally adequate facility capacity, which are those areas at the adopted level of service standard or which are projected
to reach inadequate capacity within the next 12 months. In addition, the report shall include growth trends and projections and a
development permit monitoring system for each service area.
(4) Ratification of the annual service capacity report. No later than July 1 of each year, the board of county commissioners shall
consider and approve or approve with modifications the annual assessment of public facilities capacity. In the event the board acts to
increase the development capacity of any service area, the board shall make specific findings of fact as to the reasons for the increase,
induding the source of funds to be used to pay for 1 he additional capacity required to serve additional development to be permitted
during the next 12-month period.
45l Review procedure. Applicability. In the event the approved annual assessment shows that projected growth and development during
a• the next 12 months exceeds public facilities capacity that will be available to serve the projected growth, development in one or
httn-/A1*hrary mimic-.ode.r.om/14TMT.I14298/le e]3IPTIILADE CHI I4DEST AR.TIINGE.htmi 1 /2/20I3
ARTICLE Y. - IN GENERAL
Page 2 of 2
more of the service areas that will require any of the public facilities enumerated in subsection (a) of this section that have
insufficient capacity to provide safe and efficient public services shall be subject to the procedure established in this section.
Development that does not require the public facilities enumerated in subsection (a) of this section and that has sufficient
capacity to provide safe and efficient public services shall not be subject to the procedure established in this section,
b. Areas of inadequate facility capacity. The county shall not approve applications for development in areas of the county that are
served by inadequate facilities identified in the annual adequate facilities report, except the county may approve development
that will have no reduction in the capacity of the facility or where the developer agrees to increase the level of service of the
facility to the adopted level of service standard. In areas that are served by inadequate transportation facilities, development may
be approved in accordance with subsection (a)(1)c. of this section. An applicant, except for persons applying for a single-family
residence, shall prepare a facilities impact report that demonstrates that
1 • The development will not reduce the capacity of the facility;
2• The necessary facilities and services are in place at the time a development permit is issued;
3• A development permit is issued subject to the condition that the necessary facilities and services will be in place when the
impacts of the development occur,
4. The necessary facilities are under construction at the time a permit is Issued;
5- The necessary facilities and services are guaranteed in an enforceable development agreement, which may include, but is
not limited to, development agreements pursuant to the Florida Local Govemment Development Agreement Act (F.S. §
163.3220 et seq.) or an agreement or development order issued pursuant to F.S. ch. 380; or
6. The necessary facilities and services will be served by a concurrency management system that meets the requirements of
F.A.C. ch. 9J-6, and F.S. ch. 163.
C. Areas of marginally adequate Facility capacity. In areas of marginal facility capacity as identified in the current annual adequate
facilities report, the county shall either deny the application or condition the approval so that the level of service standard is not
violated. A facilities impact report shall be prepared except for a single-family residence in these areas to demonstrate the
standards in subsection (b)(5)b. of this section have been meL
d• Facilities impact report requirements. The facilities impact report required by this section shall use acceptable professional
methodologies and standards inclusive of a cumulative traffic impact analysis, where necessary, as provided by the director of
planning.
(6) Exemptions. In addition to the exemptions from development described in subsection (3) of the definition of "development" in section
101-1, the following construction activities shall not be considered development for the purposes of this section only:
a• The rebuilding or restoration of a single-family home damaged or destroyed by fire, calamity or natural disaster so long as the
rebuilding or restoration takes place within the footprint of the destroyed or damaged structure and as long as there is no
increase in density or intensity of use;
b. The replacement of a mobile home upon the same lot where the original was located as long as there is no increase in density or
intensity of use;
C. The construction of fences;
d. The construction of slabs for existing buildings;
e- The pavement of driveways;
f. The construction of docks and seawalls;
9• The construction of tikis;
h. The construction of swimming pools; or
I. The installation of storm shutters.
[Code 1979, § 9.5-292: Ord No. 33-t986. § 9-502. Ord No. 40-1987, § 86. Ord No. f9-1969. § I(PDif7). (PD1f9). brad No. 6-f990. § 2: Ord No. 7-1992. § 1)
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MONROE COUNTY, FLORIDA
PLANNING COMMISSION RESOLUTION NO. P47-12
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL OF THE
REQUEST BY TREPANIER & ASSOCIATES, INC. FOR AN
ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS ESTABLISHING MONROE
COUNTY CODE SECTION 13 0-131, ROCKLAND KEY
COMMERCIAL RETAIL CENTER OVERLAY DISTRICT; TO
CREATE AN OVERLAY DISTRICT ON ROCKLAND KEY
THAT ALLOWS COMMERCIAL RETAIL DEVELOPMENT;
TO ESTABLISH MAXIMUM FLOOR AREA RATIOS FOR
SUCH COMMERCIAL RETAIL DEVELOPMENT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
AND THE SECRETARY OF STATE; PROVIDING FOR
CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, during a regularly scheduled public meeting held on November 28, 2012,
the Monroe County Planning Commission conducted a review and consideration of a request
filed by Trepanier & Associates, Inc., on behalf of several property owners, to establish a new
section of the Monroe County Code, §130-131, Rockland Key Commercial Retail Center
Overlay District; and
WHEREAS, the land development regulations associated with the overlay district would
be set forth in a new section of the Monroe County Code, § 13 0-131; and
WHEREAS, an overlay district is an area where certain additional requirements are
superimposed upon an underlying land use (zoning) district; and
WHEREAS, the purpose of the proposed overlay district is to address special land use
circumstances of Rockland Key and the Lower Keys related to the commercial retail needs of the
community; and
WHEREAS, through a separate map amendment process, the overlay district would be
defined on the Official Monroe County Land Use District Map. Affected properties would
maintain their underlying existing land use (zoning) district designations; and
Resolution #P47-12
File #2011-094 Page 1 of 10
WHEREAS, the applicant originally proposed amendments to §130-82, §130-164 and
§138-50 of the Monroe County Code. The originally proposed amendments affected the
Industrial (I) land use district by allowing an additional land use, commercial retail (however, as
drafted, the amendment would have affected only properties within the Lower Keys ROGO
Subarea with Industrial future land use and tier 3 designations). In addition, the amendment
included related modifications to land use intensities and exceptions to the Nonresidential Rate
of Growth Ordinance (NROGO) regulations; and
WHEREAS, during a scheduled meeting held on March 27, 2012, the Monroe County
Development Review Committee conducted a review and consideration of the original request
and the planning director signed Resolution #DRC 08-12 on April 3, 2012, recommending
denial; and
WHEREAS, during a regularly scheduled public meeting held on May 30, 2012, the
Planning Commission conducted a review and consideration of the original request and planning
commission chair signed Resolution #P23-12 on June 27, 2012, recommending denial; and
WHEREAS, following the recommendations of denial, the applicant opted to revise the
application to establish a new overlay district rather than continue with having the originally
proposed amendments heard and decided upon by the Board of County Commissioners; and
WHEREAS, in addition, the applicant submitted an additional request for a map
amendment to establish the boundaries of the proposed overlay district (Planning Department
File #2012-142); and
WHEREAS, the Planning Commission was presented with the following documents and
other information relevant to the request, which by reference is hereby incorporated as part of the
record of said hearing:
1. Request for a Text Amendment application, received by the Planning &
Environmental Resources Department on August 4, 2011 (File #2011-094); and
2. Staff report prepared by Joseph Haberman, AICP, Planning & Development Review
Manager, dated November 20, 2012; and
3. Draft Ordinance; and
4. Testimony of Monroe County Planning & Environmental Resources Department
staff; and
5. Testimony of the applicant; and
6. Testimony of the general public; and
7. Comments by Ron Demes, ex-officio member of the Planning Commission, as
designated by the base commander of the Naval Air Station Key West; and
8. Advice and counsel of Susan Grimsley, Assistant County Attorney, and John Wolfe,
Planning Commission Counsel; and
WHEREAS, during a scheduled meeting held on November 13, 2012, the Monroe
County Development Review Committee reviewed the ordinance and the Chair recommended
Resolution #P47-12
File #2011-094 Page 2 of 10
denial to the Board of County Commissioners unless revisions are carried out as discussed at the
meeting; and
WHEREAS, Planning & Environmental Resources Department staff recommended that
the Monroe County Code not be amended as requested by the applicant unless the applicant
incorporates staff s recommended changes presented in the staff report and at the public hearing;
and
WHEREAS, at the November 28, 2012 public hearing, the Planning Commission
recommended that the Board of County Commissioners approve the text amendment with the
following modifications:
1. Inclusion of staffs' recommended revisions in the November 20, 2012 staff report
unless directed otherwise at the November 28, 2012 public hearing; and
2. Revise section 130-131(d)(4), as recommended by staff, to increase the total of floor
area that would be allowed within an individual building in the overlay district from
125,000 square feet to 140,000 square feet (if the applicant submits data and analysis
indicating that such a structure would not adversely affect community character).
Note: the applicant did not request any such limitation; and
3. Revise section 130-131(d)(4), as proposed by the applicant, to reduce the cumulative
total of all floor area that would be allowed within the overlay district from 500,000
square feet to 400,000 square feet. Note: staff recommended that the total be reduced
from 500,000 square feet to 300,000 square feet; and
4. Concerning section 130-13 1 (d)(5), initially proposed as section 130-131(d)(6) by the
applicant, not include the following language, as recommended by staff The
construction costs shall be fully borne by the developer and no certificates of
occupancy shall be issued for any commercial retail square footage prior to the
completion and issuance of a certificate(s) of occupancy/completeness for the
required public improvements; and
5. Concerning section 13 0- 13 1 (d)(6), initially proposed as section 130-131(d)(7) by the
applicant, not include the following language recommended by staff ...concluding
that U.S. 1 has an adequate level of service for the proposed development. Note:
Staff did not object to this modification at the November 28, 2012 public hearing; and
6. Revise section 130-131(d)(7), initially proposed as section 130-131(d)(8) by the
applicant, as proposed by the applicant, to have the provisions apply to all conditional
use permit applications, as opposed to only major conditional use permit applications.
Note: Staff did not object to this modification at the November 28, 2012 public
hearing; and
7. Revise section 130-131(d)(8), initially proposed as section 130-131(d)(9) by the
applicant, as proposed by Ron Demes at the November 28, 2012 public hearing, to
include an additional restriction that the public improvements required by section
130-131(d)(5) should not be located in a 75 DNL (Day Night Average Sound Level)
area, with the exception of improvements related to transportation. Note: Staff did
not object to this modification at the November 28, 2012 public hearing; and
8. Add section 130-131(d)(9), as recommended by staff at the November 28, 2012
public hearing, to restrict use in areas designated Native Area (NA); and
Resolution #P47-12
File #2011-094 Page 3 of 10
WHEREAS, based upon the information and documentation submitted, the Planning
Commission makes the following Findings of Fact:
9. Text amendments to the Monroe County Code shall not be inconsistent with the
provisions and intent of the Monroe County Comprehensive Plan; and
10. §102-158(d)(5)(b) of the Monroe County Code provides the provisions that must be
met for a text amendment:
a. Changed projections (e.g., regarding public service needs) from those on which
the text or boundary was based; and/or
b. Changed assumptions (e.g., regarding demographic trends); and/or
c. Data errors, including errors in mapping, vegetative types and natural features
described in volume I of the plan; and/or
d. New issues; and/or
e. Recognition of a need for additional detail or comprehensiveness; and/or
f. Data updates; and/or
g. For FLUM changes, the principles for guiding development as defined in the
Florida Statutes relating to changes to the comprehensive plan; and
11. Text amendments to the Monroe County Code shall not be inconsistent with the
Principles for Guiding Development in the Florida Keys Area of Critical State
Concern; and
WHEREAS, based upon the information and documentation submitted, the Planning
Commission makes the following Conclusions of Law:
1. With the modifications suggested by the Planning Commission, the proposed text
amendment is consistent with the provisions and intent of the Monroe County
Comprehensive Plan:
a. The existing, underlying Industrial (I) and Native Area (NA) Land Use Districts
correspond, respectively, to the Future Land Use Map (FLUM) designations of
Industrial (I) and Residential Conservation (RC) as set forth in Policy 101.4.21 of
the Monroe County Year 2010 Comprehensive Plan; and
b. As regulations pertaining to an overlay district and revised by the Planning
Commission, the Rockland Key Commercial Retail Center Overlay District is
consistent with the purposes of the Industrial (I) and Residential Conservation
(RC) Future Land Use Map (FLUM) designations, as set forth in Policies 101.4.7
and 101.4.1 of the Monroe County Year 2010 Comprehensive Plan; and
c. As regulations pertaining to an overlay district and revised by the Planning
Commission, the Rockland Key Commercial Retail Center Overlay District is
consistent with the densities and intensities of the Industrial (I) and Residential
Conservation (RC) Future Land Use Map (FLUM) designations, as set forth in
Policy 101.4.21 of the Monroe County Year 2010 Comprehensive Plan; and
Resolution #P47-1 Z
File #2011-094 Page 4 of 10
2. With the modifications recommended by the Planning Commission, the proposed text
amendment is consistent with the provisions and intent of the Monroe County Code:
a. The existing, underlying Industrial (I) and Native Area (NA) Land Use Districts
shall not be affected by this application; and
b. As regulations pertaining to an overlay district and revised by the Planning
Commission, the Rockland Key Commercial Retail Center Overlay District is
consistent with the purposes of the Industrial (I) and Native Area (NA) Land Use
Districts, as set forth in §130-33 and §130-39 of the Monroe County Code; and
c. As regulations pertaining to an overlay district and revised by the Planning
Commission, the Rockland Key Commercial Retail Center Overlay District is
consistent with the densities and intensities of the Industrial (I) and Native Area
(NA) Land Use Districts, as set forth in §130-57, §130-62 and §130-64 of the
Monroe County Code; and
d. As regulations pertaining to an overlay district and revised by the Planning
Commission, the proposed map amendment meets three of the factors set forth in
§102-158(d)(5)b. of the Monroe County Code: Changed projections (e.g.,
regarding public service needs) from those on which the text or boundary was
based, Changed assumptions (e.g., regarding demographic trends) and new issues;
and
3. With the modifications recommended by the Planning Commission, the proposed
map amendment is not inconsistent with the Principles for Guiding Development in
the Florida Keys Area of Critical State Concern; and
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION
OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of
Law support its decision to recommend approval to the Board of County Commissioners of the
text amendment application with the aforementioned revisions as specified at the public hearing.
Section 1. The proposed amendments are set forth in Exhibit A attached hereto and incorporated
herein. Proposed text in which the Planning Commission does not recommend any changes to at
this time is underlined. Proposed text proposed by the applicant that the Planning Commission
recommends should be deleted is and text in which the Planning
Commission recommends should be added is double _underlined.
PASSED AND ADOPTED BY THE PLANNING COMMISSION of Monroe County,
Florida, at a regular meeting held on the 281h of Novembers 2012.
Chair Werling
YES
Vice -Chair Wall
YES
Commissioner Hale
YES
Commissioner Lustberg
NO
Commissioner Wiatt
YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
Resolution #P47-12
File #2011-094 Page 5 of 10
am■
Denise Werling, Chair
Signed this day of 12012.
Resolution #P47-12
File #2011-094 Page 6 of 10
Exhibit A:
Section 130-131. Rockland Key -Commercial Retail Center Overlay District
(a) Purpose and Intent. The purposes of the Rockland Key Commercial _Retail Center
Overla District is to im lement a licable goals, objectives and policies of the
comprehensive plan and to allow lag er-scale commercial retail develo-pment in a non-
.enviromnentally sensitive area of the Lower Keys that primarily serves the needs of
permanent residents of the Lower Keys. The intent is to protect and maintain the
character of the residential areas in the Lower Keys by allowing lag er-scale commercial
retail development within the '
overlay di b ict a scarified area that has historically been developed with nonresidential
uses.
(bl-Bounda . The Rockland ,Key Commercial Retail Center Overlay District is
illustrated in Section 130-131, Figure 1 and on the Official Land Use District Man:
.Link to Section 130-131, Fiure 1.
(c) Environmental Protections. Prior to the construction of any commercial retail
develo ment within the overlav district in addition to the protections afforded in the
comprehensive plan and this Land Development Code,_ all mangrove wetlands and
associated transitional _upland buffer areas will be restored and preserved in accordance
with established per mit conditions. On -site wetland reservation and enhancement will
include the following:
(1) Identified mangrove wetlands and associated transitional /upland buffer areas located
on the property will be placed under a perpetual conservation easement to be recorded
in the Public Records of Monroe County. The conservation areas within the
conservation easement may in no way be altered from their permitted state (excluding
restoration activities). Activities prohibited within the conservation areas include, but
are not limited to:
(a) Construction or placing of buildings, roads, signs, and/or other similar
infrastructure on or above the ground;
(b) Dumping or placing soil or material as landfill or dumping or placing of trash,
waste, or unsightly or offensive materials;
(c) Removal or destruction of trees, shrubs, or other vegetation, excluding vegetation
classified as invasive exotic:
(d) Excavation, dredging, or removal of loam, peat, gavel, soil, rock, or other
material substances in such manner as to affect the surface;
(e) Surface use except for purposes that permit the land or water area to remain
predominantly in its natural condition;
�fl Activities or development detrimental to drainage, flood control, water
conservation, erosion control, soil conservation, or fish and wildlife habitat
preservation, including but not limited to ditchin ,diking or fencing;
(g) Activities or development detrimental to such retention of land or water areas;
Resolution #P47-12
File #2011-094 Page 7 of 10
h Activities or develo ment detrimental to the preservation of the structural
inte 't or physical appearance of sites or proverties of historical architectural
archaeological,, or cultural simifficance; and
Cil-Anyland use not related to preserving the natural state of the conservation area.
(2) A wetland restoration and preservation component that involves removal of fill
material from wetlands, -planting of the transitional buffer area with 100% native
veizetation removal of all invasive exotic vegetation, and fencing and si a e at the
limits of the Conservation Easement will be implemented in conformance with Seth
Florid Wder-Managment District SFWMI3) permit requirements.
(3) A fully- camphant SFwMD-approved stormwater_ management system that .prevents
adverse impacts to the on -site wetland restoration and, preservation/conservationarea
shall be implemented as dart of anv re -development process.
(d)within the boundaries of the overlay district, the permitted uses in subsection (1) shall be.
enforced, in lieu of section 130-82, Industrial district, and the maximum nonresidential
land use intensities in subsection 2 shall be enforced in lieu of section 130-1 G4
Maximum Nonresidential Land Use Intensities and DistrictOpen Spat.„ ;
l a t R} Quaff rM � lQ
rr1w WO %.r A. ��vti
(1)_ Permitted Uses.
Rockland Key Commercial Retail Center Overlay District
Permitted Uses
The followin uses are permitted as of ritin the overla district:
Restaurants of 5,000 s uare feet or less of floor area•
Office uses of 5 000 s uare feet or less of floor area•
(=3=)
(4) 3
Commercial fishing;
(AS) 4
Institutional uses;
(6) U5
Light industrial uses-
(q) LPublic
buildings and uses;
(9) 7
Accesso uses;
(9)
Replacement of an existing antenna -supporting structure pursuant to
section 146-5(2);
(� �9
Collocations on existing antenna -supporting structures, pursuant to section
146.5(3);
Attached wireless communications facilities, as accessory uses pursuant to
section 146-5(4);
Stealth wireless communications facilities, as accessory uses, pursuant to
section 146-5(5); and
(� 1 Satellite earth stations as accessory uses ursuant to section 146-5 6 .
The following uses are permitted as minor conditional uses in the overlay district
sub'ect to the standards andprocedures set forth in cha ter 110 article III:
Resolution #P47-12
File #2011-094 Page 8 of 10
Commercial retail uses of 10,000 s uare feet or less•
Restaurants of 5,901 to 20,000 s uare feet of floor area -
Office uses of 5,001 to 20,000 s uare feet of floor area,-- and
�,
New antenna- su ortin structurespursuant to section 146-5 U1.
The following uses are permitted as major conditional uses in the overlay district,
subject to the standards and procedures set forth in chapter 110, article III:
JL
Commercial retail uses of 10,001 square feet or greater•
s set forth in section 130-82. be industrial uses and commercial apartments are
ermitted uses in the Industrial district. However. these uses are not permitted within
the boundary of the overlay district. All existing, lawfully established heave industrial
uses _md commercial apartments within the boundary of the overlay district shall be
considered nonconforming uses upon adoption of the boundary and may continue in
accordance with section 102-56. However. sunersedine any regulations set forth in
section 102-56 to the contram upon issuance of a building permit for commercial retail
use on a parcel, any heave industrial use or commercial anarhnent on that parcel shall
be terminated.
(2) Maximum Nonresidential Land Use Intensities and District Open Space. For the
purposes of this overlay district, uses with correspondindensity/ intensity thresholds
shall be cumulative and utilize the floor area ratios as follows:
Rockland Kev Commercial Retail Center Overlay District
Maximum Nonresidential Land Use Intensities and District Open Space
Land Use
Maximum Floor
�4rea Ratio
O. S.R.
Light Industrial
0.40
0.20
Public
0.40
0.20
Office
0.40
0.20
Institutional
0.40
0.20
Commercial Retail
Low Intensity
0.45
0.20
Medium Intensity
0.40
0.20
Hi Intensity
0.35
0,20
Commercial Fishing
0.40
0.20
(3) Maximum floor area adiacent to U.S. 1. No building or structure shall exceed a
maximum floor area of 50,000 square feet within 600 feet of the edge of the U.S. 1
riaht of wad
Resolution #P47-12
File #2011-094 Page 9 of 10
4) Maximum floor area.
No individual building shall
exceed 140.000 square feet of floor area. The cumulative total of all floor area within
the overlay district shall not exceed a maximum floor area of 400.000 square feet.
r r
AL -�r w % -m AIIIIIIIIIIIIII,
1691,
41'= �.AL-�& IWO -P W 9 V V N IL -A 4 MANW-7-7 -L!. 25 ANIAL-J
---- -� - -- - ---F'
- - - - -- ----'
-
- ---- -- --------- - -------- ---------�'-- - - -`-±-�--------
�
Wf5l—RgauiLred ublic, imDravements. The development of commercial retail facilities
eater than 10,000 square feet: permitted under this overlay district, shall be required
to rovide an area on site equal to 5 % of the commercial retail facilities' FAR for a
public/ community facility including bike paths and a multi -model transit stop.
6} Traffie Imr� et Staterner�t� Prior to any development approval, a Traffic Impact
Statement shall be required regardless of traffic_. generated by development.
{7} ReQUired US_ 1 IM12rovements. Notwithstandin other provisions of the Land
Development Code, if, during the conditional use permit approval process and
after the Traffic Im act Statement is complete, based on FDDT standards
improvements to US 1 are warranted, the developer is responsible for the funding
designing, permitting, installing and construction of the required improvements
related to the proposed development.
04(8). Sound Attenuation. Habitable structures, permitted under this overlay district,
shall meet noise reduction levels for high noise zones. Measures to achieve a noise
reduction level of 30dB must be incorporated into design and construction of the
habitable structures. This shall be the minimum sound attenuation standard. Public
improvements required in subsection (dl(5) shall not be located in a 75 DNL area.
excluding only improvements related to transportation.
(9) Areas Aesignated Native Area (NA). The permitted uses provided in subsection (d)(1)
shall not be permitted in any area desimated as Native Area(NA) on the Land Use
District Man.
Resolution #P47-12
File #2011--094 Page 10 of 10
MONROE COUNTY, FLORIDA
DEVELOPMENT REVIEW COMMITTEE
RESOLUTION NO. DRC` 20-12
A RESOLUTION BY THE DIRECTOR OF PLANNING AND
ENVIRONMENTAL RESOURCES AND CHAIR OF THE
DEVELOPMENT REVIEW COMMITTEE RECOMMENDING
DENIAL OF THE REQUEST BY TREPANIER & ASSOCIATES
INC. FOR AN ORDINANCE BY THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS ESTABLISHING
MONROE COUNTY CODE SECTION 130-131, ROCKLAND
KEY COMMERCIAL RETAIL CENTER OVERLAY
DISTRICT; TO CREATE AN OVERLAY DISTRICT ON
ROCKLAND KEY THAT ALLOWS COMMERCIAL RETAIL
DEVELOPMENT; TO ESTABLISH MAXIIVIUM FLOOR AREA
RATIOS FOR SUCH COMMERCIAL RETAIL
DEVELOPMENT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
PROVIDING FOR TRANSMITTAL TO THE STATE LAND
PLANNING AGENCY AND THE SECRETARY OF STATE;
PROVIDING FOR CODIFICATION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, during a scheduled meeting held on November 13, 2012, the Development
Review Committee (DRC) of Monroe County conducted a review and consideration of a request
filed by Trepanier & Associates, Inc., on behalf of several property owners, for an amendment to
the text of the Monroe County Code (MCC) to establish a new section, § 130-131, in order to
create a regulation addressing a new overlay district to the Monroe County Land Use District
Map, the Rockland Key Commercial Retail Center Overlay District; and
WHEREAS, an overlay district is an area where certain additional requirements are
superimposed upon an underlying land use (zoning) district, Requirements of, and regulations
related to, the base or underlying district may or may not be altered. The purpose of the
proposed overlay district is to address special land use circumstances of Rockland Ivey and the
Lower Keys related to the commercial retail needs of the community; and
Resolution # DRC 20-12
File #20 11-094 Page 1 of 2
WHEREAS, based upon the information and documentation submitted, the
Development Review Committee Chair and Senior Director of PI & Environmental
Resources found:
1. As drafted by the applicant and presented to the DRC , the proposed text amendments
are not consistent with the provisions and intent of the Monroe County
Comprehensive Plan; and
2. As drafted by the applicant and presented to the DRC, The proposed text amendments
are not consistent with the provisions and intent of the Monroe County Code; and
3. The proposed text amendments are not inconsistent with any of the Principles for
Guiding Development in the Florida Keys Area of Critical State Concern; and
WHEREAS, staff recommended that the Monroe County Code not be amended as
requested by the applicant unless the applicant incorporates staffs recommended changes. At
the DRC meeting, the applicant agreed to consider staff s recommended changes.
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
COMMITTEE OF MONROE COUNTY, FLORIDA that the information provided in the
staff` report and discussed at the November 13, 2012 meeting supports the Chair's decision to
recommend denial to the Planning Commission and Board of County Commissioners unless
revisions are carried out as discussed at the meeting.
Date
,/-/
dam- --- - -- IMF--
To eyirwabj�evelopment Review Committee Chair and
Senior Yrmtor of Planning and Environmental Resources
I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid
and in the County aforesaid, to take acknowledgments, personally appeared Townsley Schwab, to
me known to be the person described in and who executed the foregoing instrument and she
acknowledged before me the she executed the same.
WITNESS my h d and official seal in the County and State last aforesaid this 3 0 day of
��.�i�, 2012.
NOTARY PUB , STATE 6F4tbRIDA
MAYM TEZM08
' NOMM Publfc - StMe of FWW&
• • My Comm. Exams May 1 A,o 2016
Coffft11on # EE 168590
hNN TWO KOft A
Resolution # DRC 20-12
Pile #2011-094 Page 2 of 2
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. - 2013
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS ESTABLISHING MONROE
COUNTY CODE SECTION 130-131, ROCKLAND KEY
COMMERCIAL RETAIL CENTER OVERLAY DISTRICT; TO
CREATE AN OVERLAY DISTRICT ON ROCKLAND KEY THAT
ALLOWS COMMERCIAL RETAIL DEVELOPMENT; TO
ESTABLISH MAXIMUM FLOOR AREA RATIOS FOR SUCH
COMMERCIAL RETAIL DEVELOPMENT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
STATE LAND PLANNING AGENCY AND THE SECRETARY OF
STATE; PROVIDING FOR CODIFICATION; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, a private applicant, represented by Trepanier & Associates, Inc., is proposing
amendments to the text of the Monroe County Code. The amendment would establish a new
overlay district in the Land Development Code: the Rockland Key Commercial Retail Center
Overlay District; and
WHEREAS, the land development regulations associated with the overlay district would be set
forth in a new section of the Monroe County Code, Section 130-131; and
WHEREAS, an overlay district is an area where certain additional requirements are
superimposed upon an underlying land use (zoning) district; and
WHEREAS, the purpose of the proposed overlay district is to address special land use
circumstances of Rockland Key and the Lower Keys related to the commercial retail needs of the
community; and
WHEREAS, through a separate map amendment process, the boundaries of the overlay district
would be defined on the Official Monroe County Land Use District Map and the affected
properties would maintain their underlying existing land use (zoning) district designations; and
WHEREAS, during a scheduled meeting held on November 13, 2012, the Monroe County
Development Review Committee reviewed the ordinance and the Chair recommended denial to
Page 1 of 10
qc.
the Board of County Commissioners unless revisions are carried out as discussed at the
Development Review Committee meeting; and
WHEREAS, during a regularly scheduled public hearing held on November 28, 2012, the
Monroe County Planning Commission reviewed the ordinance and recommended approval to the
Board of County Commissioners; with modifications presented in Planning Commission
Resolution No. P47-12; and
WHEREAS, the applicant made some, but not all of the revisions requested by Planning &
Environmental Resources Department staff, the Development Review Committee and the
Planning Commission following the November 28, 2012 public hearing.
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS:
Section 1. New section 130-131 is to be added to the Monroe County Code. The proposed
text —whether presented by the applicant, staff or the Planning Commission —is new and
existing text shall not be affected. Areas of disagreement between the applicant, staff and/or
the planning commission are identified within shaded text boxes. In addition, within those text
boxes, text proposed by the applicant is der-ined -i--dashe-s- etext recommendeden
-- by Growth Management Division staff is kderlinele text boxi and text recommended by
the planning commission is
Section 130-131. Rockland Key Commercial Retail Center Overlay District
(a) Purpose and Intent. The purposes of the Rockland Key Commercial Retail Center
Overlay District is to implement applicable goals, objectives, and policies of the
comprehensive plan and to allow larger -scale commercial retail development in a non -
environmentally sensitive area of the Lower Keys that primarily serves the needs of
permanent residents of the Lower Keys. The intent is to protect and maintain the
character of the residential areas in the Lower Keys by allowing larger -scale commercial
retail development within the overlay district, a scarified area that has historically been
developed with nonresidential uses.
(b) Boundary. The Rockland Key Commercial Retail Center Overlay District is illustrated in
Section 130-131, Figure 1 and on the Official Land Use District Map:
Link to Section 130-131, Figure 1.
(c) Environmental Protections. Prior to the construction of any commercial retail
development within the overlay district, in addition to the protections afforded in the
comprehensive plan and this Land Development Code, all mangrove wetlands and
associated transitional / upland buffer areas will be restored and preserved in accordance
Page 2 of 10
with established permit conditions. On -site wetland preservation and enhancement will
include the following:
(1) Identified mangrove wetlands and associated transitional / upland buffer areas located
on the property will be placed under a perpetual conservation easement to be recorded
in the Public Records of Monroe County. The conservation areas within the
conservation easement may in no way be altered from their permitted state (excluding
restoration activities). Activities prohibited within the conservation areas include, but
are not limited to:
(a) Construction or placing of buildings, roads, signs, and/or other similar
infrastructure on or above the ground;
(b) Dumping or placing soil or material as landfill or dumping or placing of trash,
waste, or unsightly or offensive materials;
(c) Removal or destruction of trees, shrubs, or other vegetation, excluding vegetation
classified as invasive exotic;
(d) Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other
material substances in such manner as to affect the surface;
(e) Surface use except for purposes that permit the land or water area to remain
predominantly in its natural condition;
(f) Activities or development detrimental to drainage, flood control, water
conservation, erosion control, soil conservation, or fish and wildlife habitat
preservation, including but not limited to ditching, diking or fencing;
(g) Activities or development detrimental to such retention of land or water areas;
(h) Activities or development detrimental to the preservation of the structural
integrity or physical appearance of sites or properties of historical, architectural,
archaeological, or cultural significance; and
(i) Any land use not related to preserving the natural state of the conservation area.
(2) A wetland restoration and preservation component that involves removal of fill
material from wetlands, planting of the transitional buffer area with 100% native
vegetation, removal of all invasive exotic vegetation, and fencing and signage at the
limits of the Conservation Easement will be implemented in conformance with South
Florida Water Management District ("SFWMD") permit requirements.
(3) A fully -compliant SFWMD-approved stormwater management system that prevents
adverse impacts to the on -site wetland restoration and preservation/conservation area
shall be implemented as part of any re -development process.
(d) Within the boundaries of the overlay district, the permitted uses in subsection (1) shall be
enforced, in lieu of section 130-82, Industrial district, and the maximum nonresidential
land use intensities in subsection (2) shall be enforced, in lieu of section 130-164,
Maximum Nonresidential Land Use Intensities and District Open Space.
Page 3 of 10
Applicant
Staff (same
as PC)
PC (same
as Staff)
Applicant
Staff (same
as PC)
(1) Permitted Uses.
Rockland Key Commercial Retail Center Overlay District
Permitted Uses
The following uses are ermitted as of right in the overlay district:
1
Restaurants of 5,000 square feet or less of floor area;
2
Office uses of 5,000 square feet or less of floor area;
3
Commercial fishing;
4
Institutional uses;
5
Light industrial uses;
6
Public buildings and uses;
7
Accessory uses;
(8)
Replacement of an existing antenna -supporting structure pursuant to
section 146-5 2 ;
(9)
Collocations on existing antenna -supporting structures, pursuant to section
146-5 3 ;
(10)
Attached wireless communications facilities, as accessory uses, pursuant to
section 146-5 4 ;
(11)
Stealth wireless communications facilities, as accessory uses, pursuant to
section 146-5 5 ; and
12
Satellite earth stations, as accessory uses, pursuant to section 146-5 6 .
The following uses are permitted as minor conditional uses in the overlay district,
subject to the standards and procedures set forth in chapter 110, article III:
1
Commercial retail uses of 10,000 square feet or less;
2
Restaurants of 5,001 to 20,000 square feet of floor area;
3
Office uses of 5,001 to 20,000 square feet of floor area; and
4
New antenna -supporting structures, pursuant to section 146-5 1 .
The following uses arepermitted as maior conditional uses in the overlay_district,
subiect to the standards andprocedures set forth in chapter 110LartieI III. In addition,
upon issuance of a permit for commercial use on an individual parcel,heav_y industrial
and residential use of that parcel shall_no longer bepermitted,
The following; uses are permitted as major conditional uses in the overlay district,
subiect to the standards and procedures set forth in chapter 110, article III:
The following uses are permitted as maior conditional uses in the overlay district,
subiect to the standards a_n_d procedures set forth in chapter 110 article III•
(1) 1
Commercial retail uses of 10,001 square feet or greater.
(no text proposed?
As set forth in section 130-82, heavy industrial uses and commercial apartments are
permitted uses in the Industrial district; however, these uses are not permitted within
the boundary of the overlay district. All existing, lawfully established heavy industrial
uses and commercial apartments within the boundM of the overlay district shall be
Page 4 of 10
PC (same
as Staff)
considered nonconforminguses
ses upon adoption of the boundary and may continue in
accordance with section 102-56, however, superseding any regulations set forth in
section 102-56 to the contrar,uupon
issuance of a building permit for commercial retail
use on a parcel, any heave
industrial use or commercial apartment on that parcel shall
be terminated.
As set forth in section 130-82.
heavy industrial uses and commercial apartments are
permitted uses in the Industrial
district. However, these uses are not pe fitted within
the boundary of the overlay
district. All existing. lawfully established heavy industrial
uses and apartments
within the boundary of the overlay district shall b
onsi crcd nonconf4 _ '
us ___ Ftis2 ._ Q n ary. 4 _U_�Qin
ass epee with tiQn142-5f._HQ
section 2-56 to the contrary
Y r.-suem�n any.r-Mulai Qns__set forth- in
upon issuance of a building Hermit for commercial retail
use on a . any heave
industrial use or commercial apartment on that p reel shal
be terminated.
(2) Maximum Nonresidential Land Use Intensities and District Open Space. For the
purposes of this overlay district, uses with corresponding density/ intensity thresholds
shall be cumulative and utilize the floor area ratios as follows:
Rockland Key Commercial Retail Center Overlay District
Maximum Nonresidential Land Use Intensities and District Open Space
Land Use
Maximum Floor
Area Ratio
O.S.R.
Light Industrial
0.40
0.20
Public
0.40
0.20
Office
0.40
0.20
Institutional
0.40
0.20
Commercial Retail
Low Intensity
0.45
0.20
Medium Intensity
0.40
0.20
High Intensity
0.35
0.20
Commercial Fishing
0.40
0.20
(3) Maximum floor area adjacent to U.S 1. No building or structure shall exceed a
maximum floor area of 50,000 square feet within 600 feet of the edge of the U.S. 1
right of way.
Page 5 of 10
Applicant �4) Maximum floor area_No individual retail tenant space shall_
feet._ No individual building_shall exceed 240�000 squarg fee
of all floor arga within the ov_erla district_shalj mot _
square feet,
Staff
PC
Applicant
Staff
00
ativ_e total
f 400.000
(4) Maximum floor area. No individual building shall exceed 125,000 175,000 square
feet. No individual tenant space shall exceed 140,000 square feet. The cumulative
total of all floor area within the overlay district shall not exceed a maximum of
300;000 350,000 square feet.
i51_Itequired_public_ improvements.__ The development_ of -commercial retail_fa�ljties
grreater than_10.000 square feet. vermitted under this overlay district, shall be required
to-prov_ide an area on site, equal to_5%o of the commercial retail facilities' FAR for
public/_community_ facilities such as, but not limited to- bike paths.,_a multi=model
transit _ stops_ community_ meeting roorni _ sheriffs_ substation. satellite _library,
community bank. animal clinic medical clinic. fitness center etc.
(5) Required public improvements. Development including commercial retail use as
permitted within this overlay district, shall be required to dedicate land area on -site
and/or construct and dedicate,,.a public building (or dedicate area within a commercial
retail building) for public and/or not -for profit institutional uses that serve the
surrounding residential areassuch as but not limited to bicycle paths within the site
and connected to the scenic highway along the US Highway 1 corridor,• a covered bus
stop; community meeting rooms; a community center with multi -use breakout rooms
and a kitchen; and/or a library. The type of public improvements and activities shall
be determined by the County during the development review and approval process.
Within the overlay district, the land area dedication and the provision of
public/community facilities shall be provided commensurate with the permitted
development and prior the issuance a certificate of occupancy for the private
development as follows:
As part of any conditional use permit, approval of the application shall be contingent nt on
the developer constructing and installing bicycle paths that provide internal access to all
areas open to the general public and if needed at the time of such application a covered
bus stop.
(5) Required Public Improvements.
As part of any development application involving commercial retail use, dependent on the-
• lative total ofnon fesi entia' rleer w approval of the application shall be contingent
on the developer dedicating and constructing .,ubli . ana loF not faf „ afi* insfitutie
a 200-seat capacity community meeting center, with
bathrooms and kitchen, that will be made available for public meetings of nonprofit
community organizations on a first -come first -serve basis, and bike paths, and a multi -
model transit stop, and to make available for lease no less than 10,000 sq. ft. of
commercial -retail floor area for neighborhood service -oriented uses such as hair
salons, coffee shops, restaurants, fitness centers, medical offices, mail & shipping
services, animal clinics, professional services, offices, sheriffs substations, library
branches, post offices, or similar uses, on a first come first serve basis.
010
0
PC
district
25,000 or
N/A
N/A
N/A
N/A
less
5,000
25,001 to
N/A
5% of square
1,251 square
Communiri
50,000
footage of
feet to 2,500
meeting room _
square feet
total square
footage of
buildings
Communi
50,001 to
5% of square
5% of square
2,501 squar- :`
$750,000
100,000
footage of
footage of
feet to 5 rao
Center with
total square
total square
sg_uar y reet
multi -use
footage of
footage of
breakout
buildings
buildings
rooms and a
kitchen
LibrM o
$1,875,000
100,001 to
5% of square
55% square
5,001 square
250,000
footage of
f.:�t_awe of
feet to 12,500
other use to be
total square. 'total
square
square feet
determined by
the County
footage =
footage of
bwWL&s
buildings
during review
of application
250,001 o
5% of square
5% of square
12,500
LibrM or
$1,875,000
more
footage of
footage of
square feet
other use to be
determined by
total square
total square
the County at
during review
footaize of
buildings
footage of
buildings
of application
*If developer chooses to construct square footage within a larger multi -unit building and
dedicate square footage to the County as a condominium unit, no land dedication will be
required.
Note: The construction costs shall be borne by the developer and no certificates of
occupancy shall be issued for any commercial retail square footage prior to the
completion and issuance of a certificate(s) of occupancy/completeness for the required
public improvements/facilities.
(5)Required public improvements. The development of commercial retail facilitie
Beater th _MQQO aquarc fce4permitted under ,this overlay_dis�"_sha by reyuir
to provide, an area on site. equal to 5% of the commercial retail facilities' FAR for a
publicLe4mm>lnitX%eilitY lIIelWW& bike paths and_a multi-mod&Uansit stop.
(6) Traffic Impact Statement. Prior to any development approval including a minor or
major conditional use, a Traffic Impact Statement shall be required regardless of
traffic generated by development.
Page 7 of 10
(_7) Required_ US_ 1 _improvements._ _ _Notwithstanding other_ provisions _of and
Applicant Dev_elo m nt Code _if Burin e_Ma'or_Conditional Use Permit_ rocess
p _g_ � _g_ 1 __�_____
and after the Traffic Impact Statement is complete— based_Q __ T standards,
gnprovements_to US I are warranted. the developer is respo _fQr tl�e €unding of
designing, _ permittin&_ installing_ and_ construction of _ _equired_ improvements
rglatgd t4 thg„�rgposed dev_e�gpment:
(7)
-L
PC (sam
as Sum
Require US 1 Improvements. Notwithstanding other provisions of the Land
Development Code, if, during the Major Conditional Use Permit approval process
and after the Traffic Impact Statement is complete, based on FDOT standards,
improvements to US 1 are warranted, the developer is responsible for the funding of
designing, permitting, installing and construction of the required improvements
related to the proposed development Prior to the issuance of a building pe
cu
Applicant L8) Sound Attenuation_ _Habitable structures permitted under this overlay_ dis
meet noise reduction levels for _high_noise_zones_ Meaaes to ___ a noise
reduction _level _of 30dB_must be incgEporated_into_design_an ctjQn of the
habitable sowUges_�s shalLIn th,;n }um sound.@ __standgd.
Staff (sat
as PC)
PC (sami
as Staff)
Applicant
Staff (same
as PC)
PC (same
as Staff)
(8) Sound Attenuation. Habitable structures, permitted under this overlay district, shall
meet noise reduction levels for high noise zones. Measures to achieve a noise
reduction level of 30dB must be incorporated into design and construction of the
habitable structures. This shall be the minimum sound attenuation standard. Publie
s The community meeting center required in subsection (d)(5) shall
not be leeated constructed in the most current 75 DNL area, excluding only
improvements related to transportation.
(no text propose
(9) Areas designated Native Area (NA). The permitted uses provided in subsection (d)(1)
shall not be permitted in any area designated as Native Area (NA) on the Land Use
District Map.
1 Areas designated Native Area WA), The permitted uses nrovided_nsubsection (Mw
shall not be permitted in any area designated as Native Area (NA) on the Land tlse
District Man,
Page 8 of 10
Section 2. Severability.
If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be
adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect,
impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be
confined to the section, paragraph, subdivision, clause, sentence, or provision immediately
involved in the controversy in which such judgment or decree shall be rendered.
Section 3. Conflicting Provisions.
In the case of direct conflict between any provision of this ordinance and a portion or provision
of any appropriate federal, state, or County law, rule code or regulation, the more restrictive shall
apply.
Section 4. Transmittal.
This ordinance shall be transmitted to the Florida State Land Planning Agency as required by F.S.
380.05 (11) and F.S. 380.0552(9).
Section 5. Filing.
This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not
become effective until a notice is issued by the Florida State Land Planning Agency or
Administration Commission approving the ordinance.
Section 6. Inclusion in the Monroe County Code.
The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances
of the County of Monroe, Florida, as an addition to amendment thereto, and shall be
appropriately renumbered to conform to the uniform marking system of the Code.
Section 7. Effective Date.
This ordinance shall become effective as provided by law and stated above. This ordinance
applies to any applicable application submitted after the effective date.
(The remainder of this page left intentionally blank.)
Page 9 of 10
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the day of , 2013.
Mayor George Neugent
Mayor Pro Tem Heather Carruthers
Commissioner Danny Kolhage
Commissioner Sylvia Murphy
Commissioner David Rice
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Attest: Amy Heavilin, Clerk
I3
By
Deputy Clerk Mayor George Neugent
Page 10 of 10
111ROE COUNTY ATTORNEY
PROVED A 0 FORM:
STEVEN T. WILLIAMS
ASSISTANT COUNTY ATTORNEY
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